mr0^ 


<m&& 


00032777282 

This  book  must  not 
be  taken  from  the 
Library  building. 


Form  No.  471 


5 


[y\ 


Digitized  by  the  Internet  Archive 

in  2011  with  funding  from 

Ensuring  Democracy  through  Digital  Access  (NC-LSTA) 


http://www.archive.org/details/amendmentstocons1875nort 


'-.    .-•£""■ 


AMENDMENTS 


TO    THE 


crrr-tttota   if  lortli   ijaralm 


PROPOSED    BY    THE 


JONSTITUTIONAL  CONVENTION  OF  1875, 


AND    THE 


CC    STITUTION    AS  IT  WILL   EEAD  AS   PROPOSED  TO  BE. 

AMENDED. 


PREPARED    UNDER    ORDINANCES    OF    THE    CONVENTION, 

By  JOHNSTONE  JONES,  Secretary  of  the  Convention, 

AND 

JOHN  BEILLY,  State  Auditor, 

AND       ' 

PRINTED  AND  DISTRIBUTED  UNDER  THEIR  SUPERVISION, 


RALEIGH: 

JOSIAH   TURNER,    PUBLIC    PRINTER   AND    BINDER. 
1875. 


PREFACE. 


The  fourth  section  of  an  ordinance  passed  by  the  Constitutional  Convention,  of 
1875,  entitled  "  An  Ordinance  to  submit  to  the  People  the  amendments  to  the  Con- 
stitution adopted  by  this  Convention,"  enacts  that  "it  shall  be  the  duty  of  the  Sec- 
retary of  this  Convention  and  the  Public  Auditor  to  have  printed,  in  pamphlet  form, 
on  or  before  the  first  day  of  January  next,  the  said  amendments,  with  the  certificate 
of  the  Secretary  of  State  annexed  thereto,  together  with  a  copy  of  the  Constitution 
as  it  will  read  as  proposed  to  be  amended,  one  hundred  thousand  copies,  of  which, 
one  hundred  copies  shall  be  distributed  to  each  delegate  of  this  Convention,  and  the 
remainder  among  the  counties  of  the  State  in  proportion  to  population," 

In  obedience  to  this,  we  herewith  present  the  Ordinances  to  amend  the  Constitu- 
tion adopted  by  the  Convention,  all  arranged  in  chapters  and  classified  according 
to  the  Articles  to  which  they  relate.  We  have  also  affixed  to  each  Ordinance  a  mar- 
ginal note  to  indicate  its  subject-matter. 

In  preparing  the  Constitution  so  as  to  make  it  read  as  proposed  to  be  amended, 
we  first  perfected  the  original  by  making  all  the  changes  required  by  the  Amend- 
ments ratified  by  the  People  on  the  first  Thursday  in  August,  1873.  Then  we  in- 
corporated into  this  perfected  instrument  the  amendments  adopted  by  the  Conven 
tion  of  1875,  eliminating  therefrom  such  sections  as  this  Convention  proposes  to  ab- 
rogate and  annul. 

These  changes  necessitated  the  re-numbering  of  the  sections,  and  the  affixing  of 
marginal  headings  to  the  new  sections  to  show  their  substance  in  brief. 

In  order  to  distinguish  the  amendments  of  1875  from  the  Constitution  as  it  is  we 
double-leaded  each  of  them  and  enclosed  it  within  brackets  [  ],  thus  °ivino- 
prominence  to  the  proposed  amendments  and  separating  them  from  the  body  of  the 
original  document. 

The  Appendix  contains  the  Ordinances  under  which  we  have  acted  in  the  pre- 
paration and  distribution  of  this   pamphlet,  and  by  virtue  of  which  the  proposed 
amendments  will  be  submitted  to  the  people  for  ratification  or  rejection  at  the  gen- 
eral election  to  be  held  on  the  Tuesday  next  after  the  first  Monday  in  November 
A.  D.  1876. 

JOHNSTONE  JONES, 

JOHN  REILLY. 
October  19th,  1875. 


'   1 


AMENDMENTS 


TO    THE 


\TSTITUTM  OF  NORTH  CAROLINA 


■  PROPOSED    BY    THE 

CONSTITUTIONAL  CONVENTION  OF  1875.. 


AMENDMENTS  TO  ARTICLE  ONE— (Declaration  of 

Eights.) 


CHAPTER  I. 

AN    ORDINANCE    TO    AMEND    SECTION    TWENTY-FIVE    OF    ARTICLE 
ONE  OF  THE  CONSTITUTION,  RELATING-  TO  SECRET  SOCIETIES. 

The  people  of  North   Carolina  in   Convention  assembled  Seeret  Political 
do  ordain,  That  section  twenty -five  of  article  one  be  amended 
by  adding-  after  the  word  grievances,  the  following  :     ;'  But 
secret  political  societies  are  dangerous  to  the  liberties  of  a  free 
people,  and  should  not  be  tolerated." 

Read  three  times  and  ratified  in  open  Convention,  this  5th 
•day  of  October,  1875. 

E.  RANSOM, 
President  of  Convention. 

Johnstone  Jokes,  Secretary. 

W.  M.  Hardy,  Assistant  Secretary. 


PROPOSED  AMENDMENTS  TO 


CHAPTER  II. 

AN  ORDINANCE  TO  AMEND  SECTION  TWENTY-FOUR,  ARTICLE  ONE,. 
OF  THE  CONSTITUTION. 


©oneealed 
"weapons. 


The  people  of  North  Carolina  in  Convention  assembled 
do  ordain,  That  the  following  words  be  added  at  the  end  of 
section  twenty-four,  article  one,  of  the  Constitution  : 

Nothing  herein  contained  shall  justify  the  practice  of  car- 
rying concealed  weapons,  or  prevent  the  Legislature  from 
enacting  penal  statutes  against  said  practice. 

Read  three  times  and  ratified  in  open  Convention,  this. 
11th  day  of  October,  1875. 

E.  RANSOM, 
President  of  Convention. 

Johnstone  Jones,  Secretary. 

W.  M.  Hardy,  Assistant  Secretary. 


AMENDMENTS    TO     ARTICLE     TWO— (Legislative 
Department?) 


CHAPTER  III. 


lime  of  aentm- 
Wing. 


The  People  of  North  Carolina  in  Convention  assembled 
do  ordain,  That  section  two,  article  two,  of  the  Constitution,, 
be  amended  to  read  as  follows : 

The  Senate  and  House  of  Representatives  shall  meet  bi- 
ennially on  the  first  Wednesday  after  the  first  Monday  in 
January  next  after  their  election  ;  and  when  assembled,  shall 
be    denominated    the  General   Assembly.     Neither    House- 


i  '  \- 


THE  CONSTITUTION  OF  N.  0. 

shall  proceed  upon  public  business  unless  a  majority  of  all 
the  members  are  actually  present. 

Read  three  times  and  ratified  in  open  Convention,  this 
the  30th  day  of  September,  1875. 

E.  RANSOM, 
President  of  Convention. 
Johnstone  Jones,  Secretary. 
W.  M.  Hardy,  Assistant  Secretary. 


CHAPTER  IT. 

The  people  of  North  Carolina  in  Convention  assembled  To  annul  section, 

.  .  .  .  4  Article  2 

do  ordain,  That  section  four,  of  article  two,  be  stricken  from    ' 
the  Constitution. 

Read  three  times  and  ratified  in  open  Convention,  this 
30th  day  of  September,  1875. 

E.  RANSOM, 
President  of  Convention. 
Johnstone  Jones,  Secretary. 
W.  M.  Hardy.  Assistant  Secretary. 


CHAPTER  T. 

The  people  of  Nerth  Carolina  in  Convention  assembled  ^0  annul  see  8 
do  ordain,  That  section   eight,  of  article  two,  be  stricken  Article  2. 
from  the  Constitution. 

Read  three  times  and  ratified  in    open  Convention,  this 
the  30th  day  of  September,  1875. 

E.  RANSOM, 
President  of  Convention. 
Johnstone  Jones,  Secretary. 
W.  M.  Hardy,  Assistant  Saeretarj. 


PROPOSED  AMENDMENTS  TO 


CHAPTER   VI. 


Terras  of  office  of 
saembers  of  the 
<Greneral  As- 
;ssmbly. 


The  people  of  North  Carolina  in  Convention  assembled 
do  ordain,  That  section  twenty-seven,  of  Article  two,  of  the 
Constitution,  be  amended  so  as  to  read  as  follows: 

Section  — .  The  terms  of  office  for  Senators  and  members 
of  the  House  of  Representatives  shall  commence  at  the  time 
of  their  election. 

Read  three  times  and  ratified  in  open  Convention,  this 
30th  of  September,  1875. 

E.  RANSOM, 
President  of  Convention. 

Johnstone  Jones,  Secretary. 

W.  M.  Hardy,  Assistant  Secretary. 


CHAPTER  YIL 


Time  of  election 
for  members  of 
the  General  As- 
.••semrily. 


The  people  of  North  Carolina  in  Convention  assembled 
do  ordain,  That  section  twenty-nine,  of  Article  two,  of  the 
Constitution,  be  amended  so  as  to  read  as  follows: 

Section  — .  The  election  for  members  of  the  General 
Assembly  shall  be  held  for  the  respective  districts  and 
counties,  at  the  places  where  they  are  now  held,  or  may  be 
directed  hereafter  to  be  held,  in  such  manner  as  may  be 
prescribed  by  law,  on  the  first  Thursday  in  August,  in  the 
year  one  thousand  eight  hundred  and  seventy,  and  every 
two  years  thereafter.  But  the  General  Assembly  may 
change  the  time  of  holding  the  election. 

Read  three  times  and  ratified  in  open  Convention,  this 
30th  day  of  September,  187§. 

E.  RANSOM, 
President  of  Convention. 

Johhstonb  Joke*,  Secretary. 

W.  M.  Hjlrdy,  Assistant  Secretary. 


THE  CONSTITUTION  OF  N.  0. 


CHAPTER   VIII. 

The  people  of  North  Carolina  in  Convention  assembled 
do  ordain,  That   the  following   be  an  additional  section  to 

Article  two  of  the  Constitution  : 

i 

Section — .  The  members  of  the  General  Assembly  for  Compensation  of 
the  term  for  which  they  have  been  elected,  shall  receive  as  end  Assembly, 
a  compensation  for  their  services   the  sum  of  four  dollars 
per  day  for  each  day  of  their   session,  for  a  period  not  ex- 
ceeding sixty  days ;  and   should   they  remain  longer  in  ses- 
sion, they  shall   serve   without   compensation.     They  shall 
also  be  entitled   to  receive   ten    cents   per  mile,  both  while 
coming  to    the  seat  of  government    and    while    returning: 
home,  the  said   distance  to  be  computed  by  the  nearest  line 
or  route  of  public  travel.     The  compensation  of  the  presid- 
ing officers  of  the  two   Houses,  shall   be  six  dollars  per  da}' 
and  mileage.     Should  an   extra   session  of  the  General  As-  Extra  session, 
sembly   be  called,  the  members  and  presiding  officers  shall 
receive  a  like  rate  of  compensation  for  a  period  not  exceed- 
ing twenty  days. 

Read  three  times  and  ratified  in  open   Convention,  this 
30th  day  of  September,  1875. 

E.  RANSOM, 
President  of  Convention. 

Johnstone  Jones,  Secretary. 

"W.  M.  Hardy,  Assistant  Secretary. 


PROPOSED  AMENDMENTS  TO 


AMENDMENTS    TO   ARTICLE    THREE— (Executive 
Department.) 


CHAPTER   IX. 

AN  ORDINANCE  TO  AMEND  ARTICLE  THREE,  SECTION  TEN,  OF  THE 
CONSTITUTION. 

The  people  of  North  Carolina  in  Convention  assembled 
do  ordain,  That  article  three  (3),  section  ten  (10),  of  the  Con- 
stitution, be  amended  so  as  to  read  as  follows  : 

"  The  Governor  shall   nominate,  and  by  and  with  the  ad- 
AppomtmeBt  of     vice  and  consent  of  a  majority  of  the  Senators  elect,  appoint 

officers  by  the  ..      „  ,  , „         .  .  . .  ,      ,  ,        ,  .     _ 

Crovemor.  all  omcers,  whose  omces  are  established  by  this  Constitution, 

and  whose  appointments  are  not  otherwise  provided  for." 

Read  three  times  and  ratified  in  open  Convention,  this  6tk 

day  of  October,  1875. 

E.  RANSOM, 

President  of  Convention. 

Johnstone  Jones,  Secretary. 

"W.  M.  ':'ardy,  Assistant  Secretary. 


CHAPTER  X. 

AN  ORDINANCE  IN  RELATION  TO  A  DEPARTMENT  OF  AGRICULTURE, 
IMMIGRATION  AND  STATISTICS. 

The  p>eople  of  North  Carolina  in  Convention  assembled 
do  ordain,  That  section  seventeen,  of  article  three,  be  stricken 
from  the  Constitution,  and  that  the  following  be  inserted  in 
lieu  thereof: 


THE  CONSTITUTION  OF  N.  C.  11 

Sec.  — .  The  General  Assembly  shall  establish  a  Depart-  Department  of 

„    .        ,      ,  T  .  ,  0,    ,.   ,.  ,  ,     Agriculture,  Im 

mentor  Agriculture,  immigration  and  statistics,  under  such  migration  and 
regulations  as  may  best  promote  the  agricultural  interests  of     a  1S 1CS' 
the  State,  and  shall  enact  laws  for  the  adequate  protection 
and  encouragement  of  sheep  husbandry. 

Read  three  times  and  ratified  in  open  Convention,  this  the 
5th  day  of  October,  1875. 

E.  RANSOM, 
President  of  Convention. 

Johnstone  Jones.  Secretary. 

W.  M.  Hardy,  Assistant  Secretary. 


AMENDMENTS  TO  ARTICLE  YO^U— {Judicial  De- 
partment.) 


CHAPTER  XL 

The  people  of  North  Carolina  in  Convention  assembled 
do  ordain,  That  section  four,  article  four,  of  the  Constitution 
be  amended  so  as  to  read  as  follows : 

The  Judicial  power  of  the  State  shall  be  vested  in  a  Court  Division  of  Judf- 
for  the  trial   of  Impeachments,  a  Supreme  Court,  Superior  cialP°wers- 
Courts,  Courts  of  Justices  of  the  Peace,  and  such  other  Courts 
inferior  to  the  Supreme  Court  as  may  be  established  by  law. 

Read  three  times  and  ratified  in  open  Convention,  this  the 
30th  day  of  September,  1875. 

E.  RANSOM, 
President  of  Convention. 

Johnstone  Jones,  Secretary. 

W.  M.  Hardy,  Assistant  Secretary. 


12 


PROPOSED  AMENDMENTS  TO 


CHAPTER  XII. 


Justices  of  the 
Supreme  Court. 


The  people  of  North  Carolina  in  Convention  assembled 
do  ordain,  That  section  eight,  of  article  four,  of  the  Consti- 
tution be  amended  so  as  to  read  as  follows : 

The  Supreme  Court  shall  consist  of  a  Chief  Justice  and 
two  Associate  Justices. 

Read  three  times  and  ratified  in  open  Convention,  this 
30th  day  of  September,  1875. 

E.  RANSOM, 
President  of  Convention. 

Johnstone  Jones,  Secretary. 

W.  M.  Hardy,  Assistant  Secretary. 


CHAPTER  XIII. 


Terms  of  tie  Su- 
preme Court. 


The  people  of  North  Carolina  in  Convention  assembled 
do  ordain,  That  section  nine,  of  article  four,  of  the  Consti- 
tution of  North  Carolina  be  abrogated,  and  the  following 
substituted  therefor  : 

The  terms  of  the  Supreme  Court  shall  be  held  in  the  city 
of  Raleigh,  as  now,  until  otherwise  provided  by  the  Gen- 
eral Assembly. 

Read  three  times  and  ratified  in  open  Convention,  this  the 
30th  day  of  September,  1875. 

E.   RANSOM, 
President  of  Convention. 

Johnstone  Jones,  Secretary. 

W.  M.   Hardy,  Assistant  Secretary. 


h 


THE  CONSTITUTION  OF  N.  C.  13 


CHAPTER  XIV. 

AN    ORDINANCE    TO    AMEND     ARTICLE     FOUR,    SECTION    TEN,    OF 
THE    CONSTITUTION    OF    NORTH    CAROLINA. 

The  people  of  North  Carolina  in  Convention  assembled 
do  ordain,  That  article  four,  section  ten,  of  the  Constitu- 
tion, be  amended  to  read  as  follows  : 

And  the  jurisdiction  of  said  Court  over  "issues  of  fact"  Jurisdiction  of 
>  •      i    i       •     the  Supreme 

and  "  questions  of  fact,     shall  be  the  same  exercised  by  it  Court. 

jbefore  the  adoption  of  the  Constitution  of  one  thousand 
light  hundred  and  sixty  eight,  and  the  Court  shall  have  the 
power  to  issue  any  remedial  writs  necessary  to  give  it  a  gen- 
eral supervision  and  control  over  the  proceedings  of  the  in- 
ferior Courts. 

Read  three  times  and  ratified  in  open  Convention,  this 
11th  day  of  October,  1875. 

E.  RANSOM, 
President  of  Convention. 

Johnstone  Jones,  Secretary. 

W.  M.  Hardy,  Assistant  Secretary. 


CHAPTER  XT. 

The  people  of  North  Carolina  in  Convention  assembled 
lo  ordain,  That  section  twelve,  article  four,  of  the  Consti- 
ution  be  amended  to  read  as  follows  : 

The  State  shall  be  divided  into  nine  judicial  districts,  for  22A}eM Dis" 
>ach  of  which  a  judge  shall  be  chosen  ;  and  ther3  shall  be 
ield  a  Superior  Court  in  each  county  at  least  twice  in  each 
'ear,  to  continue  for  such  time  in  each  county  as  may  be 
described  by  law.  But  the  General  Assembly  may  reduce 
r increase  the  number  of  districts. 


14 


PROPOSED  AMENDMENTS  TO 


Read  three  times  and  ratified  in  open  Convention,  this 
30th  day  of  September,  1875. 

E.  RANSOM, 
President  of  Convention. 

Johnstone  Jones,  Secretary. 

W.  M.  Hardy,  Assistant  Secretary. 


CHAPTER  XVI. 


Be  it  ordained  by  the  people  of  North  Carolina  in  Con- 
vention assembled,  That  section  fourteen,  article  four,  of  the 
Constitution,  shall  read  as  follows  : 
Residence  of  That  every  Judge  of  the  Superior  Court  shall  reside  in 

Judges  of  the  .  ,  f  .  ,        m, 

Superior  Court,  the  district  for  which  he  is  elected.  The  Judges  shall  pre- 
judicial Districts,  side  in  the  Courts  of  the  different  districts  successively,  but 
no  Judge  shall  hold  the  Courts  in  the  same  district  oftener 
than  once  in  four  years,  but  in  case  of  the  protracted  illness 
of  the  Judge  assigned  to  preside  in  any  district,  or  of  any 
other  unavoidable  accident  to  him,  by  reason  of  which  he 
shall  become  unable  to  preside,  the  Governor  may  require 
any  Judge  to  hold  one  or  more  specified  terms  in  said  dis- 
trict, in  lieu  of  the  Judge  assigned  to  hold  the  Courts  of 
said  district. 

E.  RANSOM, 
President  of  Convention. 
Johnstone  Jones,  Secretary. 
W.  M.  Hardy,  Assistant  Secretary. 


THE  CONSTITUTION  OF  N.  C.  15 


CHAPTER  XVII. 

AN  ORDINANCE  TO  ABROGATE  AND  ANNUL  SECTIONS  FIFTEEN, 
SIXTEEN  AND  SEVENTEEN,  OF  ARTICLE  FOUR,  OF  THE  CONSTI- 
TUTION. 

The  people  &f  North  Carolina  in  Convention  assembled 
do  ordain,  That  sections  fifteen,  sixteen  and  seventeen,  of 
article  four,  of  the  Constitution  be  abrogated  and  annulled, 
and  the  following  substituted  therefor  : 

Section  — .  The  General  Assembly  shall  have  no  power  Powers  of  Gen- 
to  deprive  the  Judicial  Department  of  any  power  or  juris-  and  Courts  infe- 
diction  which   rightfully  pertains   to  it,  as  a  co-ordinate  de-  ^l^>Supreme 
partment  of  the  government;  but   the  General  Assembly 
shall  allot  and  distribute  that  portion  of  this  power  and  ju- 
risdiction, which  does  not   pertain    to  the  Supreme  Court, 
among  the  other  courts  prescribed  in  this  Constitution,  or 
which  may   be   established   by   law,  in  such   manner  as  it 
may  deem  best ;  provide  also   a  proper  system  of  appeals, 
and  regulate  by  law,  when  necessary,  the    methods  of  pro- 
ceeding in  the  exercise   of  their   powers,  of  all  the  Courts 
below  the  Supreme  Court,  so  far  as   the  same  may  be  done 
without  conflict  with  other  provisions   of  this  Constitution. 

Read  three  times  and  ratified  in  open  Convention,  this 
6th  day  of  October,  1875. 

E.  RANSOM, 
President  of  Convention. 

Johnstone  Jones,  Secretary. 

W.  M,  Hardy,  Assistant  Secretary. 


16 


PROPOSED  AMENDMENTS  TO 


CHAPTER  XVIII. 

AN  ORDINANCE  TO  AMEND  ARTICLE  FOUR  OF  THE  CONSTITU- 
TION. BY  STRIKING  OUT  SECTIONS  TWENTY-SIX  AND  TWENTY- 
SEVEN,  AND  INSERTING-  ANOTHER  IN  LIEU  THEREOF. 


Election  of  Jus- 
tices of  the  Su- 
preme Court. 


Election  of 
Judges  of  the 
Superior  Courts. 


The  people  of  North  Carolina  in  Convention  assembled 
do  ordain,  That  sections  twenty-six  and  twenty-seven,  ar- 
ticle four  of  the  Constitution  be  stricken  cu.it,  and  insert  the 
following : 

The  Justices  of  the  Supreme  Court  shall  be  elected  by 
the  qualified  voters  of  the  State,  as  is  provided  for  the  elec- 
tion of  members  of  the  General  Assembly.  The}7  shall 
hold  their  offices  for  eight  years. 

The  Judges  of  the  Superior  Courts,  elected  at  the  first 
election  under  this  amendment,  shall  be  elected  in  like 
manner  as  is  provided  for  Justices  of  the  Supreme  Court, 
and  shall  hold  their  offices  for  eight  years.  The  General 
Assembly  may,  from  time  to  time,  provide  by  law  that  the 
Judges  of  the  Superior  Courts,  chosen  at  succeeding  elec- 
tions, instead  of  being  elected  by  the  voters  of  the  whole 
State,  as  is  herein  provided  for,  shall  be  elected  by  the  voters 
of  their  respective  districts. 

Read  three  times  and  ratified  in  open  Convention,  this 
9th  day  of  October,   1875. 

E.  RANSOM, 
President  of  Convention. 

Johnstone  Jones,  Secretary. 

W.  M.  Hardy,  Assistant  Secretary. 


THE  CONSTITUTION  OF  N.  0. 


CHAPTER  XIX. 

AN  ORDINANCE  TO  AMEND  SECTION  THIRTY- ONE,  ARTICLE    FOUR, 
OF  THE  CONSTITUTION. 

The  people  of  North  Carolina  in  Convention  assembled 
do  ordain,  That  section  thirty-one,  article  four  of  the  Con- 
stitution of  this  State,  be  stricken  out  and  the  following  in- 
serted in  its  stead,  to  wit : 

All  vacancies  occurring  in  the  offices  provided  for  by  this  vacancies-, 
article  of  the  Constitution  shall  be  filled  by  the  appoint- 
ments of  the  Governor,  unless  otherwise  provided  for,  and 
the  appointees  shall  hold  their  places  until  the  next  regular 
election  for  members  of  the  General  Assembly,  when  elec- 
tions shall  be  held  to  fill  such  offices.  If  any  person,  elected 
or  appointed  to  any  of  said  offices,  shall  neglect  and  fail  to 
qualify,  such  office  shall  be  appointed  to,  held  and  filled  as 
provided  in  case  of  vacancies  occurring  therein.  All  in- 
cumbents of  said  offices  shall  hold  until  their  successors  are 
qualified. 

Bead  three  times  and  ratified  in  open  Convention,  this 
the  11th  day  of  October,  1S75. 

E.  RANSOM, 
President  of  Convention. 

Johnstone  Jones,  Secretary. 

W.  M.  Hardy,  Assistant  Secretary.  1 


CHAPTER  XX. 

AN     ORDINANCE   TO     AMEND    SECTION    THIRTY-THREE,  ^ARTICLE 
FOUR,  OF  THE  CONSTITUTION, 

The  people  of  North  Carolina  .in  Canvention  lass&rnbled 
do  ordain,  That  section  thirty-three,  ■..'  four,  of  the. 
Constitution,  be  amended  to  read  as  follows  :* 

2 


18  PROPOSED  AMENDMENTS  TO 

Jurisdiction  of  v       Section  — .  The  several  Justices  of  the  Peace  shall  have 
Justices  of: the 

Peace,  jurisdiction,  under  such  regulations  as  the  General  Assembly 

shall  prescribe,  of  civil  actions  founded  on  contract,  wherein 
the  sum  demanded  shall  not  exceed  two  hundred  dollars, 
and  wherein  the  title  to  real  estate  shall  not  be  in  contro- 
versy ;  and  of  all  criminal  matters  arising  within  their 
counties  where  the  punishment  cannot  exceed  a  fine  of  fifty 
dollars,  or  imprisonment  for  thirty  days.  And  the  General 
Assembly  may  give  to  Justices  of  the  Peace  jurisdiction  of 
other  civil  actions,  wherein  the  value  of  the  property  in 
controversy  does  not  exceed  fifty  dollars.  When  an  issue  of 
fact  shall  be  joined  before  a  Justice,  on  demand  of  either  party 
thereto  he  shall  cause  a  jury  of  six  men  to  be  summoned, 
who  shall  try  the  same.  The  party  against  whom  judgment 
shall  be  rendered  in  any  civil  action  may  appeal  to  the  Su- 
perior Court  from  the  same.  In  all  cases  of  a  criminal 
nature,  the  party  against  whom  judgment  is  given  may 
appeal  to  the  Superior  Court,  where  the  matter  shall  be 
heard  anew.  In  all  cases  brought  before  a  Justice  he  shall 
make  a  record  of  the  proceedings,  and  file  the  same  with 
the  Clerk  of  the  Superior  Court  for  his  county. 

Head  three  times  and  ratified  in  open  Convention,  this 
7th  day  of  October,  1875. 

E.  RANSOM, 
President  of  Convention. 

Johnstone  Jones,  Secretary. 

W.  M.  Hardy,  Assistant  Secretary.  <•* 


CHAPTER  XXI. 

AN  ORDINANCE  TO    AMEND    ARTICLE    FOUR    OF    THE  CONSTITU- 
TION, BY  ADDING  AN  ADDITIONAL  SECTION  THERETO. 

The  people  of  North  Carolina  in  Convention  assembled 
do  ordain,  That  a  new  section  be  added  to  article  four  of 
the  Constitution,  as  follows  : 


THE  CONSTITUTION  OF  JN.  C.  19 

Section  — .  In  case  the  General  Assembly  shall  establish  Election  of  Clerks 

n  /-.  m  of  Inferior] 

•other  courts  interior  to  Supreme  Court,  the  presiding  officers  Courts. 
-and  clerks  thereof  shall  be  elected   in    such  manner  as  the 
-General  Assembly  may  from   time   to  time  prescribe,  and 
they  shall  hold  their  offices  for  a  term  not  exceeding  eight 
years. 

Read  three  times  and  ratified  in   open    Convention,  this 
11th  day  of  October,  1875. 

E.  RANSOM, 
President  of  Convention. 
Johnstone  Jones,  Secretary. 
"W".  M.  Hardy,  Assistant  Secretary. 


CHAPTER  XXII. 

■ordinance  to  add  two  sections  to  article  four  of  the 
constitution  of  north  carolina. 

The  people  of  North  Carolina  in  Convention  assembled 
do  ordain,  That  the  following  sections  be  added  to  article 
four  of  the  Constitution  : 

Section  — .  Any  Judge  of  the  Supreme  Court  or  of  the  Eemovaiof 
Superior  Courts,  and  the  presiding  officers  of  such  Courts  j^[ges  for ina~ 
inferior  to  the  Supreme  Court  as  may  be  established 
by  law,  may  be  removed  from  office  for  mental  or 
physical  inability  upon  a  concurrent  resolution  of  two- 
thirds  of  both  houses  of  the  General  Assembly.  The 
Judge  or  presiding  officer,  against  whom  the  General  As- 
sembly may  be  about  to  proceed,  shall  receive  notice  thereof, 
accompanied  by  a  copy  of  the  causes  alleged  for  his  removal, 
at  least  twenty  days  before  the  day  on  which  either  House 
•of  the  General  Assembly  shall  act  thereon. 

Sec.  — .  Any  Clerk  of  the  Supreme  Court,  or  of  the  Su-  Removalof 

perior  Courts,  or  of  such  Courts  inferior  to  the  Supreme  CIerks  of  Court 
_,  .  i  t  i      ->    i       t  r  for  inability. 

Court  as  may  be  established  by  law,  may  be  removed  from 

-office  for  mental  or  physical  inability;  the  Clerk  of  the  Su- 


20  PROPOSED  AMENDMENTS  TO 

preme  Court  by  the  Judges  of  said  Courts,  the  Clerks  of 
the  Superior  Courts  by  the  Judge  riding  the  district,  and 
the  Clerks  of  such  Courts  inferior  to  the  Supreme  Court  as 
may  be  established  by  law,  by  the  presiding  officers  of  said 
Courts.  The  Clerk  against  whom  proceedings  are  institu- 
ted shall  receive  notice  thereof,  accompanied  by  a  copy  of 
the  causes  alleged  for  his  removal  at  least  ten  days  before 
the  day  appointed  to  act  thereon,  and  the  Clerk  shall  be  en- 
titled to  an  appeal  t©  the  next  term  of  the  Superior  Court, 
and  then  to  the  Supreme  Court,  as  provided  in  other  cases  of 
appeals. 

Read  three  times  and   ratified  in  open  Convention,  this 
8th  day  of  October,  1875. 

E.  RANSOM, 
President  of  Convention. 

Johnstone  Jones,  Secretary. 

W.  M.  ITaedy,  Assistant  Secretary. 


CHAPTER  XXIII. 

AN    ORDINANCE    TO    ADD    A    SECTION    TO    ARTICLE    FOUR    OF  THE 
CONSTITUTION    OF    NORTH    CAROLINA. 

Existing  terms  of       The  Peol^e  °f  North  Carolina  in    Convention  assembled 
offiee-  do  ordain,  That  the  amendments  made  to  the  Constitution 

of  North  Carolina  by  this  Convention  shall  not  have 
the  effect  to  vacate  any  office  or  term  of  office  now  existing 
under  the  Constitution  of  the  State,  and  filled,  or  held,  by 
virtue  of  any  election  or  appointment  under  the  said  Con- 
stitution, and  the  laws  of  the  State  made  in  pursuance 
thereof. 

Read  three  times  and  ratified  in  ©pen  Convention,  this. 

the  4th  of  October,  1875. 

E.   RANSOM, 

President  of  Convention. 

Johnstone  Jones,  Secretary. 

W.  M.  Hardy,  Assistant  Secretary. 


THE  CONSTITUTION  OF  N.  C.  21 


AMENDMENT     TO     ARTICLE    SIX.— (Suffrage  and 
Eligibility  to  Office.) 


CHAPTER  XXIV. 

-AN"  ORDINANCE    TO  AMEND  SECTION    ONE,  ARTICLE    SIX,  OF    THE 
CONSTITUTION. 

The  people  of  Worth  Carolina  in  Convention  assembled. 
do  ordain,  That  section  one,  article  six,  of  the  Constitution, 
be  amended  to  read  as  follows  : 

Sec  — .   Every  male  person,  born  in  the  United  States,  Qualifications  of 
and  every  male  person   who  has  been  naturalized,  twenty- 
one  years  old  or  upward,  who  shall  have  resided  in  the  State 
twelve  months  next  preceding  the  election,  and  ninety  days 
in  tie  county  in  which  he  offers  to  vote,  shall  he  deemed  an 
elector.     But  no  person  who,  upon  conviction  or  confession  Disfranchise- 
in  ©pen  Court,  shall  be  adjudged  guilty  of  felony,  or  of  any  men  °    e     s' 
other   crime  infamous  by  the  laws  of  this  State,  and  here- 
after committed,  shall  be  deemed  an   elector,  unless  such 
person    shall   be   restored  to  the  rights  of  citizenship  in  a 
mode  prescribed'by  law. 

Read  three  times  and  ratified  in  ®pen  Convention,  this 
the  9th  day  of  October,  1875. 

E.  RANSOM, 
President  of  Convention. 

JofHSSTONE  Jones,  Secretary. 

W.  M.  Hardy,  Assistant  Secretary. 


22 


PROPOSED   AMENDMENTS  TO 


AMENDMENT    TO   ARTICLE    SEYEN— (Municipal. 
Corporations.) 


CHAPTER   XXY. 

AN  ORDINANCE    TO    AMEND   ARTICLE    SEVEN  OF   THE  CONSTITU- 
TION BY  ADDING   ANOTHER    SECTION  THERETO. 


Power  of  Gen- 
eral Assembly 
oyer  Municipal 
Corporations. 


The  people  of  North  Carolina  in  Convention  assembled 
do  ordain,  That  article  seven  of  the  Constitution  be 
amended  by  adding  another  section  thereto,  as  follows  : 

Sec.  — .  The  General  Assembly  shall  have  fall  power 
by  statute  to  modify,  change  or  abrogate  any  and  all  of  the 
provisions  of  this  article  and  substitute  others  in  their 
place,  except  sections  seven,  nine  and  thirteen. 

Read  three  times  and  ratified  in  open  Convention,  this 
9th  day  of  October,  1875. 

K.  RANSOM, 
President  of  Convention. 

Johnstone  Jones,  Secretaiy. 

W.  M.  Hardy,  Assistant  Secretary. 


AMENDMENTS    TO    ARTICLE   NINE,   (Education)* 


CHAPTER  XXYL 


The  people  qf  North  Carolina  in  Convention  assembled 
do  ordain,  That  section  two  ©f  th©  ninth  article  of  the 
Constitution,  be  amended  by  adding  the  following  words  : 


THE  CONSTITUTION  OF  N.  C.  23" 

Aud  the  children  of  the  white  race  and  the  children  of  Separation  of  lbs- 

races  in  Public 
the  colored  race  shall  be   taught  in  separate  public  schools,  Schools. 

but  there  shall  be  no  discrimination   made  in  favor  of,  or  to 

the  prejudice  of,  either  race. 

Read  three  times  and  ratified  in  open  Convention,  this 

30th  September,  1875. 

E.  RANSOM, 

President  of  Convention. 

Johnstone  Jones,  Secretary. 

W.  M.  Hardy,  Assistant  Secretary. 


CHAPTER  XXYII. 

ANORDINANCE  TO  AMEND  ARTICLE  NINE  OF  THE  CONSTITU- 
TION, PROVIDING  FOR  THE  PRESERVATION  AND  INVESTMENT 
OF    THE   PUBLIC    SCHOOL    FUND. 

The  people  of  North  Carolina  in  Convention  assembled 
do  ordain,  That  section  four  of  article  nine  of  the  Consti- 
tution be  stricken  out,  and  two  new  sections  be  inserted  in 
said  article  in  lieu  thereof,  as  follows  : 

Sec.  — .  The   proceeds   of   all  lands  that  have  been  or  what  property 
hereafter  may  be  granted  by  the  United  States  to  this  State,  to^dueaMonaF"5 
and  not  otherwise  appropriated  by  this  State  or  the  United  Poroses. 
States  ;  also,  all  moneys,   stocks,   bonds  and  other  property 
now  belonging  to  any  State  fund  for  purposes  of  education  ; 
also  the  net  proceeds  of  ail  sales  of  the  swamp  lands  be- 
longing to  the  State,   and   all  oth&r   grants,  gifts  or  devises 
that  have  been  or  hereafter  may  be  made  to  this  Sta&e  ai*d 
not  otherwise  appropriated  by  the  State  or  by  the  term  of 
the    grant,   gift   or   devise,    shall    be   paid    into    fehe    Stat© 
treasury  ;  and,  t©gether  with  so   mueh  of  the  ©a*di Hairy  rev- 
enue of  the  State  as  may   be   by  law  set  apart  for  that  pur- 
pose, shall  be  faithfully   appropriated  for  establishing  and 
maintaining  in   this  State   a  system  ©f  free  public  schools, 
and  for  no  other  uses  or  purposes  whatsoever. 


34 


PROPOSED  AMENDMENTS  TO 


'County  School 
Panels. 


Proviso. 


Sec.  — .  All  moneys,  stocks,  bonds  and  other  property 
belonging  to  a  county  school  fund  ;  also,  the  net  proceeds 
from  the  sale  of  esirays  ;  also,  the  clear  proceeds  of  all  pen- 
alties and  forfeitures,  and  of  all  fines  collected  in  the 
several  counties  for  any  breach  of  the  penal  or  military 
laws  of  the  State ;  and  all  moneys  which  shall  be  paid  by 
persons  as  an  equivalent  for  exemption  from  military  duty, 
shall  belong  to  and  remain  in  the  several  counties,  and  shall 
be  faithfully  appropriated  for  establishing  and  maintaining 
free  public  schools  in  the  several  Gounties  of  the  State : 
Provided,  That  the  amount  collected  in  each  county  shall 
be  annually  reported  to  the  Superintendent  of  Public  In- 
struction. 

Head  three  times,  and  ratified  in  open  Convention,  this 
the  4th  day  of  October,  A.  D.  1875. 

E.   RANSOM, 
President  of  Convention. 

Johnstone  Jones,  Secretary. 

"W.  M.  Hardy,  Assistant  Secretary. 


AMENDMENT    TO     ARTICLE    ELEYEN— {Punish- 
ments, Penal  Institutions,  and  Public  Charities?) 


CHAPTER  XXYIII. 

AN    ORDINANCE    TO    AMEND    ARTICLE     ELEVEN,    ET    ADDING    AN 
ADDITIONAL    SECTION    THERETO. 


TJie  people  of  North  Carolina  in  Convention  assembled 
do  ordain,  That  section  one,  artiele  eleven,  of  the  Consti- 
tution of  this  State,  be  amended  by  adding  at  the  end  of 
said  section,  as  follows  : 


THE  CONSTITUTION  OF  N.  0.  25 

The  foregoing  prevision  for  imprisonment  with  hardlabor  Coavict  Labor, 
shall  be  construed  to  authorize  the  employment  of  such  con- 
vict labor  on  public  works,  or  highways,  or  other  labor  for 
public  benefit,  and  the  farming  out  thereof,  where  and  in 
such  manner  as  may  be  provided  by  law  ;  but  no  convict 
shall  be  farmed  out  who  has  been  sentenced  on  a  charge  of 
murder,  manslaughter,  rape,  attempt  to  commit  rape,  or 
arson.  Provided,  That  no  convict  whose  labor  may  be  Proviso, 
farmed  out  shall  be  punished  for  any  failure  of  duty  as  a 
laborer  except  by  a  responsible  officer  of  the  State  ;  but  the 
convicts  so  farmed  out  shall  be  at  all  times  under  the  super- 
vision and  control,  as  to  their  government  and  discipline,  of 
the  Penitentiary  Board,  or  some  other  officer  of  this  State. 

Eead  three   times   and  ratified  in  open  Convention,  this 
9th  day  of  October,  1875. 

E.   RANSOM, 
resident  of  Convention. 

Johnstone  Jones,  Secretary. 

W.  M.  Hardy,  Assistant  Secretary. 


AMENDMENTS  TO  ARTICLE  THIRTEEN— (Amend- 
ments.) 


CHAPTER  XXIX. 

AN  ORDINANCE    TO  A^END  ARTICLE    THIRTEEN,  OF  THE    CONSTI- 
TUTION. 

Be  it  ordained  by  the  people  of  North  Carolina  in  Con- 
vention assembled,  That  sections  one  and  two,  of,  article 
thirteen,  be  stricken  from  the  Constitution,  and  the  follow- 
ing substituted  therefor  : 

Section  1.  No  Convention  of  the  people  of  this  State  shall 
ever  be  called  by  the  General  Assembly  unless  by  the  con-  calfeci 
©urrence  of  two-thirds  of  all  the  members  of  each 'House  of 


Convention  tow 


26  PROPOSED  AMENDMENTS  TO 

.the  General  Assembly,  and  except  the  proposition,  Conven- 
tion or  No  Convention,  be  first  submitted  to  the  qualified 
voters  of  the  whole  State,  at  the  next  general  election,  in  a 
manner  to  be  prescribed  by  law.  And  should  a  majority 
of  the  votes  cast  be  in  favor  of  said  Convention,  it  shall  as- 
semble on  such  day  as  may  be  prescribed  by  the  General 
Assembly. 
How  the  Consti-        Sec.  2.  No  part  of  the  Constitution  of  this  State  shall  be 

tution  may  t>e  *•      . 

altered.    '  altered  unless  a  bill  to  alter  the  same  shall  have  been  agreed 

to  by  three-fifths  of  each  House  of  the  General  Assembly. 
And"  the  amendment  or  amendments  so  agreed  to  shall  be 
submitted  at  the  next  general  election  to  the  qualified  voters 
of  the  whole  State,  in  such  manner  as  may  be  prescribed  by 
law.  And  in  the  event  of  their  adoption  by  a  majority  of 
the  votes  cast,  such  amendment  or  amendments  shall  become 
a  part  of  the  Constitution  of  this  State. 

Read  three  times  and  ratified  in   open  Convention,  this 
the  4th  day  of  October,  A.  D.  187©. 

E.  RANSOM, 
President  of  Convention. 
Johnstone  Jones,  Secretary, 
W.  M.  Hardy,  Assistant  Secretary. 


AMENDMENT   TO    ARTICLE   FOURTEEN,  (Iliscd- 

lanecms.) 


CHAPTER  XXX. 

AN  ORDINANCE    TO  AMEND  ARTICLE    FOURTEEN  OF    THE  CONSTS- 
TTJTION,  PROHIBITING  INTERMARRIAGE  OF  THE  RACES. 

The  people  of  North  Carolina  in  Convention  assembled 
do  ordain,  That  a  new  section  be  added  to  article  fourteen 
of  the  Constitution,  as  follows  : 


THE  CONSTITUTION  OF  N.  0.  27 

Sec.  — .  All   marriages  between    a  white  person  and  a  ^{^™^ajj|_of 
negro,  or  between  a  white  person  and  a  person  of  negro  de-  §TOes  forbidden, 
scent  to  the  third  generation  inclusive,  are  hereby  forever 
prohibited. 

Head  three  times  and  ratified  in  open  Convention,  this 
11th  day  of  October,  A.  I).  18T5. 

E.  RANSOM, 
President  of  Contention. 

Johnstone  Jones,  Secretary. 

W.  M.  Hardy,  Assistant  Secretary. 


I,  William  H.  Howeeton,  Secretary  of  State,  hereby 
certify  that  the  foregoing  are  true  copies  of  the  original  or- 
dinances of  the  State  Constitutional  Convention  of  1875, 
on  file  in  this  office. 

W.  H.  HOWERTON, 

Secretary  of  State. 


CONSTITUTION 


OF    THE 


■T 


AS    IT    WILL    READ 


AS  PROPOSED  TO  BE  AMENDED 


BY    THE 


CONSTITUTIONAL  CONVENTION  OF  1875. 


PREAMBLE. 

We,  the  people  of  the  State  of  North  Carolina,  grateful  .preamble. 
to  Almighty  God,  the  Sovereign  Ruler  of  nations,  for  the 
preservation  of  the  American  Union,  and  the  existence  of 
our  civil,  political  and  religious  liberties,  and  acknowledging 
our  dependence  upon  Him  for  the  continuance  of  those 
blessings  to  us  and  our  posterity,  do,  for  the  more  certain 
security  thereof,  and  for  the  better  government  of  this  State, 
ordain  and  establish  this  Constitution  : 

ARTICLE  I. 

DECLARATION   OF   RIGHTS. 

That  the  great,  general  and  essential  principles  of  liberty 
and  free  government  may  be  recognized  and  established, 
and  that  the  relations  of  this  State   to  the   Union  and  gov- 


30 


THE  CONSTITUTION 


The  equality  and 
rights  of  men. 


Political  power 
and  government. 


Internal  govern- 
ment of  the  State. 


That  there  is  no 
right  to  secede. 


Of  allegiance  to 
the  U.  S.  govern- 
ment. 


Public  deht 


eminent  of  the  United  States,  and  those  of  the  people  of 
this  State  to  the  rest  of  the  American  people,  may  be  defined 
and  affirmed,  we  do  declare  : 

Section  1.  That  we  hold  it  to  be  self-evident  that  all  men 
are  created  equal ;  that  they  are  endowed  by  their  Creator 
with  certain  unalienable  rights ;  that  among  these  are  life, 
liberty,  the  enjoyment  of  the  fruits  of  their  own  labor,  and 
the  pursuit  of  happiness. 

Sec.  2.  That  all  political  power  is  vested  in,  and  derived 
from,  the  people;  all  government  of  right  originates  from 
the  people,  is  founded  upon  their  will  only,  and  is  instituted 
solely  for  the  good  of  the  whole. 

Sec.  3.  That  the  people  of  this  State  have  the  inherent, 
sole  and  exclusive  right  of  regulating  the  internal  govern- 
ment and  police  thereof,  and  of  altering  and  abolishing 
their  Constitution  and  form  of  government  whenever  it  may 
be  necessary  to  their  safety  and  happiness ;  but  every  such 
right  should  be  exercised  in  pursuance  of  law,  and  consist- 
ently with  the  Constitution  of  the  United  States. 

Sec  4.  That  this  State  shall  ever  remain  a  member  of 
the  American  Union  ;  that  the  people  thereof  are  part  of 
the  American  nation  ;  that  there  is  no  right  on  the  part  of 
the  State  to  secede,  and  that  all  attempts  from  whatever 
source  or  upon  whatever  pretext,  to  dissolve  said  Union,  or 
to  sever  said  nation,  ought  to  be  resisted  with  the  whole 
power  of  the  State. 

Sec  5.  That  every  citizen  of  this  State  owes'  para- 
mount allegiance  to  the  Constitution  and  Government  of 
the  United  States,  and  that  no  law  or  ordinance  of  the  State 
in  contravention  or  subversion  thereof,  can  have  any  binding 
force. 

Sec  6.  The  State  shall  never  assume  or  pay,  or  authorize 
the  collection  of  any  debt  or  obligation,  express  or  implied, 
incurred  in  aid  of  insurrection  or  rebellion  against  the 
United  States,  or  any  claim  for  the  loss  or  emancipation  of 
any  slave. 


AS  AMENDED.  31 

Sec.  7.  No  man  or  set  of  men  are  entitled  to  exclusive  or  Exclusive  emolu- 
ments, &G. 

separate  emoluments  or  privileges  from  the  community  but 
in  consideration  of  public  services. 

Sec.  S.  The   legislative,  executive  and  supreme  judicial  The  Legislative, 

„    .  j,  j    Executive  and 

powers  oi  the  government  ougnt  to  be  forever  separate  and  judicial  powers 

j.   ,.      .   n  ^       ,i  distinct. 

distinct  from  eacn  other. 

Sec.  9.  All  power  of  suspending  laws,  or  the  execution  of  Of  the  power  of 
t  t  ,       .  .i,i  /»    i  suspending  laws, 

laws,  by  any  authority,  without  the  consent  of  the  repre- 
sentatives of  the  people,  is  injurious  to  their  rights,  and 
ought  not,  to  be  exercised. 

Sec.  10.  All  elections  ought  to  be  free.  Elections  free. 

Sec.  11.  In  all  criminal  prosecutions,  every  man  has  the  in  criminal  prose- 

■i  i       •    /»  i       n     i  •  • '        i  ■  i  eutions. 

right  to  be  miormed  of  the  accusation  against  him  and  to 
confront  the  accusers  and  witnesses  with  other  testimony, 
and  to  have  counsel  for  his  defence,  and  not  be  compelled 
to  give  evidence  against  himself  or  to  pay  costs,  jail  fees,  or 
necessary  witness  fees  of  the   defence,  unless  found  guilty. 

Sec.  12.  No  person  shall  be  put  to  answer  any  criminal  Answers  to  crimi- 
eharge,  except  as  hereinafter  allowed,  but  by  indictment, 
presentment  or  impeachment. 

Sec.  13.  No  person  shall  be  convicted  of  any  crime  but  Right  of  jury.  ° 
by  the  unanimous  verdict  of  a  jury  of  good  and  lawful  men 
in   open  court.     The  Legislature    may,  however,   provide 
other  means  of  trial  for  petty  misdemeanors,  with  the  right 
of  appeal. 

Sec.  14.  Excessive  bail  should  not  be  required,  nor  exces-  Excessive  bail, 
sive  fines  imposed,  nor  cruel  or  unusual  punishments  in- 
flicted. 

Sec.  15.  General  warrants,  whereby  any  officer  or  mes-  General  warrants, 
senger  may  be  commanded  to  search  suspected  places,  with- 
out evidence  of  the  act  committed,  or  to  seize  any  person  or 
persons  not  named,  whose  offence  is  not  particularly  de- 
scribed and  supported  by  evidence,  are  dangerous  to  liberty 
and  ought  not  to  be  granted. 

Sec.  16.  There  shall  be  no  imprisonment  for  debt  in  this  imprisonment 
State,  except  in  eases  of  fraud.  for  debt. 


32 


?HE  CONSTITUTION 


TTo  person  to  be 
taken,  &c,  but 
by  law  of  the 
land. 


Persons  re- 
strained of  lib- 
erty. 


Controversies  at 
law  respecting 
property. 


Freedom  of  the 
press. 


Habeas  corpus. 


Property  qualifi- 
cation. 


Representation 
and  taxation. 


Militia  and  the 
Tight  to  bear 
arms. 


Right  of  the  peo- 
ple to  assemble 
together. 


Sec.  17.  No  person  ought  to  be  taken,  imprisoned  or  dis- 
seized of  his  freehold,  liberties  or  privileges,  or  outlawed  or 
exiled,  or  in  any  manner  deprived  of  his  life,  liberty,  or 
property,  but  by  the  law  of  the  land. 

Sec.  18.  Every  person  restrained  of  his  liberty  is  entitled 
to  a  remedy  to  enquire  into  the  lawfulness  thereof,  and  to 
remove  the  same,  if  unlawful ;  and  such  remedy  ought  not 
to  be  denied  or  delayed. 

Sec.  19.  In  all  controversies  at  law  respecting  property, 
the  ancient  mode  of  trial  by  jury  is  one  of  the  best  securi- 
ties of  the  rights  of  the  people,  and  ought  to  remain  sacred 
and  inviolable. 

Sec.  20.  The  freedom  of  the  press  is  one  of  the  great 
bulwarks  of  liberty,  and  therefore  ought  never  to  be  re- 
strained, but  every  individual  shall  be  held  responsible  for 
the  abuse  of  the  same. 

Sec.  21.  The  privileges  of  the  writ  of  habeas  corpus  shall 
not  be  suspended. 

Sec.  22.  As  political  rights  and  privileges  are  not  depen- 
dent upon,  or  modified  by  property,  therefore  no  property 
qualification  ought  to  affect  the  right  to  vote  or  hold  office. 

Sec.  23.  The  people  of  this  State  ought  not  to  be  taxed, 
or  made  subject  to  the  payment  of  any  impost  or  duty, 
without  the  consent  of  themselves,  or  their  representatives 
in  General  Assembly,  freely  given. 

Sec.  21.  A  well  regulated  militia  being  necessary  to  the 
security  of  a  free  State,  the  right  of  the  people  to  keep  and 
bear  arms  shall  not  be  infringed  ;  and,  as  standing  armies, 
in  time  of  peace,  are  dangerous  to  liberty,  they  ought  not 
to  be  kept  up,  and  the  military  should  be  kept  under  strict 
subordination  to,  and  governed  by,  the  civil  power.  [Noth- 
ing herein  contained  shall  justify  the  practice  of  carrying 
concealed  weapons,  or  prevent  the  Legislature  from  enacting- 
penal  statutes  against  said  practice.] 

Sec.  25.  The  people  have  a  right  to  assemble  together  to 
consult  for  their  common  good,  to  instruct  their  representa- 


AS  AMENDED.  3-3 

tives,  and  to  apply  to  the  Legislature  for  redress  ofgrievane.es. 
[But  secret  political  societies  are  dangerous  to  the  liberties 
of  a  free  people,  and  should  not  be  tolerated.] 

Sec.  26.  All  men  have  a  natural  and  unalienable  right  to  Religious  liberty 
worship  Almighty  God  according  to  the  dictates  of  their 
own  consciences,  and  no  human   authority  should,  in  anj7 
case  whatever,  control  or  interfere  with  the  rights  of  con- 
science. 

Sec.  27.  The  people  have  a  right  to  the  privilege  of  ed-  Education, 
ucation,  and  it  is  the  duty  of  the  State  to  guard  and  main- 
tain that  right. 

Sec.  28.  For  redress  of  grievances,  and  for  amending  and  Elections  should 
strengthening  the  laws,  elections  should  be  often  held. 

Sec.  29.  A    frequent    recurrence    to   fundamental  prim  Recurrence  to 

.  fundamental 

ciples  is  absolutely  necessary    to  preserve  the   blessings  of  principles, 
liberty. 

Sec.  30.  No  hereditary  emoluments,  privileges  or  honors  Hereditary  emoi- 
©ught  to  be  granted  or  conferred  in  this  State.  uments,  &e. 

Sec.  31.  Perpetuities  and  monopolies  are  contrary  to  the  Perpetuities,  &e 
genius  of  a  free  State,  and  ought  not  to  be  allowed. 

Sec.  32.  Retrospective  laws,  punishing  acts  committed  mpostfactoiws. 
before  the  existence  oi  such  laws,  and  by  them  only  de- 
clared criminal,  are  oppressive,  unjust  .and  incompatible 
with  liberty,  wherefore  no  ex  -post  facto  law  ought  to  be 
made.  No  law  taxing  retrospectively  sales,  purchases,  or 
other  acts  previously  done,  ought  to  be  passed. 

Sec.  33.  Slavery  and    involuntary    servitude,    otherwise  siayery  Pr©3 
than  for  crime  whereof  the    parties    shall    have  been  duly  hibitecL 
eonvicted,    shall   be,    and   are   hereby,    forever   prohibited 
within  this  State. 

Sec.  34,  The  limits  and  boundaries  of  the  State  shall  be  state  boundaries 
and  remain  as  they  now  are. 

Sec.  35.  All  Courts  shall  be  open  ;  and  every  person  for  Courts  snail  be 
an  injury  done  him  in  his  lands,  goods,  person    or  reputa-  open' 
tion,  shall  have  remedy  by  due  course  of  law,  and  rio-ht  and 
jnstice  administered  without  sale,  denial  or  delay. 


34 


THE    CONSTITUTION 


Soldiers  in  time 
©f  peace. 


©ther  rights  sf 
the  peeple. 


Sec.  36.  No  soldier  shall  in  time  of  peace  be  quartered 
in  any  house  without  the  consent  of  the  owner  ;  nor  in 
time  of  war,  bnt  in  a  manner  prescribed  by  law. 

Sec.  37.  This  enumeration  of  rights  shall  not  be  con- 
strued to  impair  or  deny  others,  retained  by  the  people;, 
and  all  powers,  not  herein  delegated,  remain  with  the 
people. 


ARTICLE  II. 


L  EGISL  AT1VE     DEPARTMENT. 


Two  branches. 


Time  of  assem- 
bling. 


Section  1.  The  Legislative  authority  shall  be  vested  in 
two  distinct  branches,  both  dependent  on  the  people,  to- 
wit :     A  Senate  and  House  of  Representatives. 

Sec.  2.  The  Senate  raid  House  of  Representatives  shall 
meet  biennially  on  the  [first  Wednesday  after  the  first- 
Monday  in  January    next  after  their  election  ;]  and  when 

assembled,  shall  be  denominated  the  General  Assembly.. 
Neither  House  shall  proceed  upon  public  business  unless  a. 
majority  of  all  the  members  are  actually  present. 

Sec.  3.  The  Senate  shall   be  eompesed  of  fifty  Senators,, 
biennially  chosen  by  ballot. 
Eegutations  in  Sec.  4.  The  Senate  Districts  shall  be  so   altered    by  the 

relation  to  dis-        ^  ,  . :  . 

trietingthe  State  Crencral  Assembly,  at  the  first  session  alter  the   return    of 
for  Senators.  ,.        ,  ,  r.  ^  ,  to. 

every  enumeration  by  order  of  Congress,  that  each   senate 

District  shall  contain,  as  nearly  as  may  be,  an  equal  num- 
ber ef  inhabitants,  excluding  aliens  and  Indians  not  taxed, 
and  shall  remain  unaltered  until  the  return  of  another 
enumeration,  and  shall  at  all  times  consist-  of  ceKtigueus 
territory  ;  and  no  county  shall  be  divided  in  the  fermatien, 
of  a  Senate  District,  unless  such  county  shall  be  equitably 
entitled  to  two  ©r  more  Seuaters. 


Number  of  Sena- 
tors. 


AS  AMENDED.  35 

Sec.  5.  The  House  of  Representatives  shall  be  composed  Regulations  in 

-1  ...  relation  to  appor- 

of  one    hundred   and    twenty    Representatives,    biennially  tionment  of  Rep- 
i  Tin  ii  i  i         i  .•  i        resentatives. 

chosen  by  ballot,  to  be  elected  by  the  counties  respectively, 
according  to  their  population,  and  each  county  shall  have 
at  least  one  Representative  in  the  Hous3  of  Representa- 
tives, although  it  may  not  contain  the  requisite  ratio  of 
representation  ;  this  apportionment  shall  be  made  by  the 
General  Assembly  at  the  respective  times  and  periods 
when  the  Districts  for  the  Senate  are  hereinbefore  directed 
to  be  laid  off. 

Sec  b\  In  making   the  apportionment  in  the  House  of  Ratio^of  represen- 
t->  •  i  c  i     -n     i  tation* 

Representatives,  the  ratio  ot  representation  shall  be  ascer- 
tained by  dividing  the  amount  of  the  population  of  the 
State,  exclusive  of  that  comprehended  within  those  coun- 
ties'which  do  not  severally  contain  the  one  hundred  and 
twentieth  part  of  the  population  of  the  State,  by  the  num- 
ber of  Representatives,  less  the  number  assigned  to  such 
counties;  and  in  ascertaining  the  number  of  the  popula- 
tion of  the  State,  aliens  and  Indians  not  taxed  shall  not  be 
included.  To  each  county  containing  the  said  ratio  and 
not  twice  the  said  ratio,  there  shall  be  assigned  one  Repre- 
sentative ;  to  each  county  containing  twice  but  sot  three 
times  the  said  ratio,  there  shall  be  assigned  two  Represen- 
tatives, and  so  on  progressively,  and  then  the  remaining 
Representatives  shall  be  assigned  severally  to  the  counties 
having  the  largest  fractious. 

Sec.  7.  Each  member  of  the  Senate  shall  be  not  less  than  Qualifications  of 
twenty-five  years  of  age,  shall  have  resided  in  the   State  as  Senators'  S 
a  citizen  two  years,  and  shall   have  usually   resided  in  tke 
District  for  which  he  is  chosen,  one  year  immediately  pre- 
ceding his  election. 

Sec.  8.  Each  member  of  the  House  of  Representatives  Qualifications  for 
shall  be  a  qualified  elector  of  the  State,  and  shall   have  re-  RePresentati™s. 
sided  in  the  county  for    which    he    is  chosen,  fer  one  year 
immediately  preceding  his  election. 


36 


THE  CONSTITUTION 


Election  of  offi- 
cer s^ 


Powers  in  relation 
t©  divorce  and,' 
alimony. , 


Private  laws  in] 
relation  to  names 
of  persons,  &c. 


Thirty  days'  no-jfv 
tice  shall  be  given 
anterior  to  pas-  | 
sage  of  private  £ 
laws. 


Vacaneies. 


Revenue. 


Entails. 


Sec.  9.  In  the  election  of  all  officers,  whose  appoint- 
ment shall  be  conferred  upon  the  General  Assembly  by  the 
Constitution,  the  vote  shall  be  viva  voce. 
■  Sec.  10.  The  General  Assembly  shall  have  power  to  pass 
general  laws  regulating  divorce  and  alimony,  but  shall  not 
have  power  to  grant  a  divorce  or  secure  alimony  in  any  in- 
dividual case. 

Sec  11.  The  General  Assembly  shall  not  have  power  to 
pass  any  private  law  to  alter  the  name  of  any  person,  or  to 
legitimate  any  person  not  born  in  lawful  wedlock,  or  to 
restore  to  the  rights  of  citizenship  any  person  convicted  of 
an  infamous  crime,  but  shall  have  p'@wer  to  pass  general 
laws  regulating;  the  same. 

Sec.  12.  The  General  Assembly  shall  not  pass  any  pri- 
vate law,  unless  it  shall  be  made  to  appear  that  thirty  days' 
notice  of  application  to  pass  such  law  shall  have  been  given, 
under  such  direction,  and  in  such  manner  as  shall  be  pro- 
vided by  law. 

Sec.  13.  If  vacancies  shall  occur  in  the  General  Assem- 
bly by  death,  resignation  or  otherwise,  writs  of  election 
shall  be  issued  by  the  Governor  under  such  regulations  as 
may  be  prescribed  by  law. 

Sec  14.  No  law  shall  be  passed  to  raise  money  on  the 
credit  of  the  State,  or  to  pledge  the  faith  of  the  State  di- 
rectly or  indirectly  for  the  payment  of  any  debt,  or  to  im- 
pose any  tax  upon  the  people  of  the  State,  or  to  allow  the 
counties,  cities  or  towns  to  do  so,  unless  the  bill  for  the  pur- 
pose shall  have  been  read  three  several  times  in  each  House 
©f  the  General  Assembly,  and  passed  three  several  read- 
ings, which  readings  shall  have  been  oh  three  different 
days,  and  agreed  to  by  each  House  respectively,  and  unless 
the  yeas  and  nays  on  the  second  and  third  reading  of  the 
feill  shall  have  been  entered  on  the  Journal. 

Sec.  15.  The  General  Assembly  shall  regulate  entails  in 
saeh  manner  as  to  prevent  perpetuities. 


AS  AMENDED.  37 

ec.  1G.  Each  House  shall  keep  a  journal  of  its  proceed-  Jouraais. 
ings,  winch  shall  be  printed  and  made  public  immediately 
after  the  adjournment  of  the  General  Assembly. 

Sec.  17.  Anj  member  of  either  House  may  dissent  from,  rr®test- 
and  protest  against,  any  actor  resolve,  which  he  may  tkiak 
injurious  t®   the  public,  or    any  individual,   and  have  the 
reasons  of  his  dissent  entered  on  the  journal. 

Sec.    IS.  The  House  of  Representatives    shall    choose  Officers  of  the 

\  House, 

their  own  Speaker  and  other  officers. 

Sec.  19.  The  Lieutenant  Governor   shall  preside  in  the  President  of  the 

Seaate. 

Senate,  but  shall  have  no  vote,  unless   it  may   be    equally 
divided. 

Sec.  20.  The    Senate  shall    choose  its  other  officers  and  other  Senatorial 
also  a  Speaker  (pro  tempore)  in  the  absence  of  the  Lieuten- 
ant Governor,  or  when  he  shall  exercise  the  office  of  Gov- 
ern©r. 

Sec.  21.  The  style  of  the  acts   shall  be:  "  The  General-  style  of  the  acts. 
Assembly  of  North  Carolina  do  enact." 

Sec.  22.  Each  House  shall  be  judge  of  the  qualifications  Powers  of  the 

J       °  x  General  Assem- 

and  elections  of  its  own   members,   shall   sit    upon  its  own  biy. 

adjournment  from  day  to  day,   prepare    bills  to   be  passed 

into  laws ;  and  the  two  Houses  may  also  jointly  adjourn  t© 

any  future  day,  or  other  place.  ' 

Sec  23.  All  bills  and  resolutions  of  a  legislative  nature  Bills  and  resoiu- 
shall  be  read  three  times  in   each  House,    before  they  pass  threUimesl'&c. 
into  laws  ;  and  shall  be  sigsed  by  the   presiding  officers  of 
both  Houses. 

Sec.  24.  Each  member  of  the  General  Assembly,  before  Oath  for  mem- 
taking  his  seat,  shall  take  an  oath  ©r  affirmation  that  he  will 
support  the  Constitution  aad  lawa  of  the  Wnited  Spates, 
and  the  Constitution  of  the  State  of  North  Carolina,  and 
will  faithfully  discharge  his  duty  as  a  member  ot  the  Senate 
or  House  of  Representatives. 

Sa®.  25.  [The  terms  of  ©face  f©r  Senators  and  members  Terras  of  office, 
©f  the  Heu&e   of  Kepreaeatativea   shall  commence  at    the 
tirM3  e-f  thair  eleefeion.] 


3S 


THE  CONSTITUTION 


Yeas  and  nays. 


Election  for  mem- 
bers of  the  Gen- 
era.! Assembly. 


Pay  of  members 
and  officers  of 
the  General  As- 
sembly. 


Sec.  26.  Upon  motion  made  and  seconded  in  either 
House,  by  one-fifth  of  the  members  present,  the  yeas  and 
nays  upon  any  question  shall  be  taken  and  entered  upon 
the  journals. 

Sec.  27.  [The  election  for  members  of  the  General  As- 
sembly shall  be  held  for  the  respective  districts  and  coun- 
ties, at  the  places  where  they  are  now  held,  or  may  be  di- 
rected hereafter  to  be  held,  in  such  manner  as  may  be 
prescribed  by  law,  on  the  first  Thursday  in  August,  in  the 
year  one  thousand  eight  hundred  and  seventy,  and  every  two 
years  thereafter.  But  the  General  Assembly  may  change 
the  time  of  holding  the  election.] 

Sec.  28.  [The  members  of  the  General  Assembly  for 
the  term  for  which  they  have  been  elected,  shall  receive  as 
a  compensation  for  their  services  the  sum  of  four  dollars 
per  day  for  each  day  of  their  session,  for  a  period  not  ex- 
ceeding sixty  days ;  and  should  they  remain  longer  in  session, 
they  shall  serve  without  compensation.  They  shall  also  be 
entitled  to  receive  ten  cents  per  mile,  both  while  coming  to 
the  seat  of  government  and  while  returning  home,  the  said 
distance  to  be  computed  by  the  nearest  line  or  route  of 
public  travel.  The  compensation  of  the  presiding  officers  of 
the  two  Houses,  shall  be  six  dollars  per    day  and  mileage.] 


ARTICLE    III. 


S£,EOirriVB    DKPAKTMJSNT. 


<Ofiieers  of  the 
Executive  De- 


Secti@n  1.  The  Executive  Department  shall  consist  of  a 
Governor,  (in  whom  shall  be  vested  the  supreme  executive 
power  of  the  State,)  a  Lieutenant  Governor,  a  Secretary  of 


AS  AMENDED.  39 

State,  an  Auditor,  a  Treasurer,  a  Superintendent  of  Public 

Instruction,  and  an  Attorney  General,  who  shall  be  elected 

for  a   term  of  four  years  by  the  qualified   electors   of  the  Terms  of  Office. 

State,  at  the  same  time  and  places  and  in  the  same  manner 

as  members  of  the  General  Assembly  are   elected.     Their 

term  of  office  shall  commence  on  the  first  day    of  January 

next  after  their  election,  and  continue  until  their  successors 

are  elected  and  qualified  :     Provided,  That  the  officers  first 

•elected  shall  assume  the  duties  of  their  office  ten  days  after 

the  approval   of  this  Constitution    by  the  Congress  of  the 

United  States,  and  shall  hold   their  offices  four  years  from 

■and  after  the  first  day  of  January,  1869. 

Sec.  2.  JNTo  person  shall  be  eligible  as  Governor  or  Lien-  Qualifications  of  ] 

1  D  Governor  and 

tenant  Governor,  unless   he   shall  have   attained  the  age  of  Lieutenant  Goy- 
,  .  i     n  i  i  •   •  i»     l  '     i-t    •      -i    n  ernor. 

thirty  years,  snail  have  been  a  citizen  oi  the   United   States 

live  years,  and  shall  have  been  a  resident  of  this  State  for 
two  years  next  before  the  election  ;  nor  shall  the  person 
elected  to  either  of  these  two  offices  be  eligible  to  the  same 
office  more  than  four  years  in  any  term  of  eight  years,  un- 
less the  office  shall  have  been  cast  upon  him  as  Lieutenant 
Governor  or  President  of  the  Senate. 

Sec.  3.  The  return  oi  every  election  for  officers  of  the  Returns  of  dee- 
Executive  Department  shall  be  sealed  up  and  transmitted 
to  the  seat  of  government  by  the  returning  officers,  directed 
to  the  Speaker  of  the  House  of  .Representatives,  who  shall 
open  and  publish  the  same  in  the  presence  of  a  majority  of 
the  members  of  both  Houses  of  the  General  Assembly. 
"The  persons  having  the  highest  number  of  votes  respec- 
tively shall  be  declared  duly  elected  ;  but  if  two  or  more  be 
-equal  and  highest  in  votes  for  the  same  offiee,  then  one  of 
them  shall  be  chosen  by  joint  ballot  of  both  Houses'of  the 
General  Assembly.  Contested  elections  shall  be  determined 
by  a  joint  vote  of  both  Houses  of  the  General  Assembly,  in 
such  mariner  as  shall  be  prescribed  by  law. 

Sec.  4.  The  Governor,  before  entering  upon  the  duties  of  Oatkef  office  for- 
his  office,  fhal],  in   the   presence    of  the   members    of  both  eaT**or- 
branches  of  the  General  Assembly,  or  before  any  Justice  of 


40 


THE  CONSTITUTION 


Duties  of  thel 
Governor. 


Reprieves,  com- 
mutations and 
pardons.  - 


Annual  reports 
from  officers  of 
Executive  De- 
partment and  of 
Public  Institu- 
tions. 


fDommasaei'-ia- 
Chief. 


F.xtra  sessions  of 
General  Assam 
bly. 


the  Supreme  Court,  take  an  oath  or  affirmation  that  he  will 
support  the  Constitution  and  laws  of  the  United  States,  and 
of  the  State  of  North  Carolina,  and  that  ire  will  faithfully 
perform  the  duties  appertaining  to  the  office  of  Governor  to 
which  he  has  been  elected. 

Sec.  5.  The  Governor  shall  reside  at  the  seat  of  govern- 
ment of  this  State,  and  he  shall,  from  time  to  time,  give  the 
General  Assembly  information  of  the  affairs  of  the  State, 
and  recommend  to  their  consideration  such  measures  as  he 
shall  deem  expedient. 

Sec.  6.  The  Governor  shall  have  power  to  grant  reprieves, 
commutations  and  pardons,  after  conviction,  for  ail  offences, 
(except  in  cases  of  impeachment,)  upon  such  conditions  as 
he  may  think  proper,  subject  to  such  regulations  as  may  be 
provided  by  law  relative  to  the  manner  of  applying  for 
pardons.  He  shall  biennially  communicate  to  the  General 
Assembly  each  case  of  reprieve,  commutation  or  pardon 
granted,  stating  the  name  of  each  convict,  the  crime  for 
which  he  was  convicted,  the  sentence  and  its  date,  the  date 
of  commutation,  pardon  or  reprieve,  and  the  reasons  there- 
for. 

Sec.  7.  The  officers  of  the  Executive  Department  and  of 
the  public  institutions  of  the  State  shall,  at  least  five  days 
previous  to  each  regular  session  of  the  General  Assembly, 
severally  report  to  the  Governor,  who  shall  transmit  such 
reports,  with  his  message,  to  the  General  Assembly ;.  and 
the  Governor  may,  at  any  time,  require  information  in 
writing  from  the  officers  in  the  Executive  Department  upon 
•any  subject  relating  to  the  duties  of  their  respective  offices, 
and  shall  take  care  that  the  laws  be  faithfully  executed. 

Sec.  8.  The  Governor  shall  be  Commander-in-Chief  of 
the  militia  of  the  State,  except  when  they  shall  be  called 
into  the  service  of  the  United  States. 

Sec.  9.  The  Governor  shall  have  power,  on  extraordinary 
occasions,  by  and  with  the  advice  of  the  Council  of  State, 
t©  convene  the   General   Assembly   in  extra  session  by  his 


AS  AMENDED.  41 

proclamation,  stating  therein   the  purpose   or  purposes  for 
which  they  are  thus  convened. 

Sec.  10.  [The  Governor  shall  nominate,  and  by  and  with  Officers  whose 

L  "  appointments  asi- 

the  advice  and  consent  of  a  majority   of  the  Senators  elect,  ^^^Jo^ 

appoint  all  officers,  whose  offices  are  established  by  this 

Constitution,  and  whose  appointments  are  not  otherwise 

provided  for.] 

Sec.  11.  The  Lieutenant  Governor  shall  be  President  of  Duties  of  tii& 

.       Lieutenant  6qt 
the  Senate,    but  snail   have   no  vote   unless  the  Senate  be  ernor. 

equally   divided.     He   shall,   whilst   acting  as  President  of 

the   Senate,   receive  for  his  services   the   same  pay  which 

shall,  for  the  same  period,  be  allowed  to  the  Speaker  of  the 

House   of  Representatives  ;  and   he  shall  receive  no  other 

compensation  except  when  he  is  acting  as  Governor. 

Seo.  12.  In  ease  of  the   impeachment  of  the   Governor,  in  case  of  im- 
x  .     r  -I  vp      i  •       1  r  Li      Oi.  *.     i  •    •      i  ■!•*      peachment  of 

his  failure  to  qualify,  ins  absence  from  the  State,  Ins  inability  Governor,  or  ya- 
to  discharge  the  duties  of  his  office,  or  in  case  the  office  of  death  or ^i-'-'V 
Governor  shall  in  anywise  become  vacant,  the  powers,  tl0n- 
duties  and  emoluments  of  the  office  shall  devolve  upon  the 
Lieutenant  Governor  until  the  disabilities  shall  cease,  or  a 
new  Governor  shall  be  elected  and  qualified.  In  every  case 
in  which  the  Lieutenant  Governor  shall  be  unable  to  pre- 
side over  the  Senate,  the  Senators  shall  elect  one  of  their 
own  number  President  of  their  body ;  and  the  powers, 
duties  and  emoluments  of  the  office  of  Governor  shall  de- 
volve upon  him  whenever  the  Lieutenant  Governor  shall, 
for  any  reason,  be  prevented  from  discharging  the  duties  of 
such  office  as  above  provided,  and  he  shall  continue  as  acting 
Governor  until  the  disabilities  be  removed,  or  a  new  Gov- 
ernor or  lieutenant  Governor  shall  be  elected  and  qualified. 
Whenever,  during  the  recess  of  the  General  Assembly,  it 
shall  become  necessary  for  a  President  of  the  Senate  to 
administer  the  Government,  the  Secretary  of  State  shall 
convene  the  Senate,  that  they  may  elect  such  President. 


42 


THE  ©ONSTITUTIOli 


Duties  of  other  Sec.  13.  The  respective  duties  of  the  Secretary  of  State, 

Executive  offi-  A      -,.  ^  .-,  .  ,  ■tt.ttt 

oers.  Auditor,  Ireasnrer,   Superintendent  of  1  ubhc  Instruction 

and  Attorney  General  shall  be  prescribed  by  law.  If  the 
office  of  any  of  said  officers  shall  be  vacated  by  death,  resig- 
nation or  otherwise,  it  shall  be  the  duty  of  the  Governor 
to  appoint  another  until  the  disability  be  removed  or  his 
successor  be  elected  and  qualified.  Every  such  vacancy 
shall  be  filled  by  election  at  the  first  general  election  that 
occurs  more  than  thirty  days  after  the  vacancy  has  taken 
place,  and  the  person  chosen  shall  hold  the  office  for  the 
remainder  of  the  unexpired  term  fixed  in  the  first  section 
of  this  Article. 
Council  of  State.  Sec.  14.  The  Secretary  of  State,  Auditor,  Treasurer, 
and  Superintendent  of  Public  Instruction,  shall  constitute, 
ex  officio,  the  Council  of  State,  who  shall  advise  the 
Governor  in  the  execution  of  his  office,  and  three  of 
whom  shall  constitute  a  quorum;  their  advice  and  pro- 
ceedings in  this  capacity  shall  be  entered  in  a  Journal, 
to  be  kept  for  this  purpose  exclusively,  and  signed  by 
the  members  present,  from  any  part  of  which  any  member 
may  enter  his  dissent;  and  such  Journal  shall  be  placed 
before  the  General  Assembly  when  called  for  by  either 
House.  The  Attorney  General  shall  be,  ex  officio,  the 
legal  adviser  of  the  Executive  Department. 

Sec.  15.  The  officers  mentioned  in  this  Article  shall,  at 
stated  periods,  receive  for  their  services  a  compensalion  to 
be  established  by  law,  which  shall  neither  be  increased  nor 
diminished  during  the  time  for  which  they  shall  have  been 
elected,  and  the  said  officers  shall  receive  no  other  emolu- 
ment or  allowance  whatever. 

Sec.  16.  There  shall  be  a  seal  of  the  State,  which  shall 
be  kept  by  the  Governor,  and  used  by  him,  as  occasion  may 
require,  and  shall  be  called  "the  Great  Seal  of  the  State  of 
Forth  Carolina."  All  grants  and  commissions  shall  be 
issued  in  the  name  and  by  the  authority  of  the  State  of 
If  orth  Carolina,  sealed  with  "  the  Great  Seal  of  the  State," 


Compensation  of 
Executive  offl- 

•  cere. 


Seal  of  State. 


AS  AMENDED.  43 

•signed  by  the  Governor  and  countersigned  by  the  Secretary 
of  State. 

Sec.  17.   [The  General  Assembly  shall  establish  a  Depart-  Department  of 
.        .  T  .  .  0       .     .  Agriculture,  Im 

merit    of  Agriculture,  Immigration    and    Statistics,    under  migration  and 

Statistics. 

such  regulations  as  may  best  promote  the  agricultural  in- 
terests of  the  State,  and  shall  enact  laws  for  the  adequate 
protection  and  encouragement  of  sheep  husbandry.] 


ARTICLE  IY. 


JUDICIAL    DEPAHTilENT. 


Section  1.  The  distinctions  between   actions  at  law  and  Abolishes  the 
suits  in  equity,  and  the  forms  of  all  such   actions  and  suits,  Jwe^Sons'at 
shall  be  abolished  ;   and  there  shall  be  in  this  State  but  one  law  and  suits  ia 

'  equity. 

form  of  action,  for  the  enforcement  or  protection  of  private 

rights  or  the   redress   of  private    wrongs,   which  shall  be 

denominated  a  civil  action  ;  and  every  action  prosecuted  by 

the  people  of  the  State  as  a  party,  against  a  person  charged 

with  a  public  offence,  for  the  punishment  of  the  same,  shall 

be  termed  a  criminal  action.     Feigned  issues  shall  also  be  Feigned  istues 

abolished,  and  the  fact  at  issue  tried  by  order  of   Court  abolished- 

before  a  jury. 

Sec.  2.  [The  judicial  power  of  the  State  shall  be  vested  Division  of  Judi 

eial  powers. 

in  a  Court  for  the  trial  of  Impeachments,  a  Supreme  Court, 
Superior  Courts,  Courts  of  Justices  of  the  Peace,  and  such 
other  Courts  inferior  to  the  Supreme  Court  as  may  be  es- 
tablished by  law.] 

Sec.  3.  The  Court  for  the  trial  of  Impeachments  shall  be  Trial  Court  of 
the  Senate.     A  majority  of  the  members  shall  be  necessary  Impeachment, 
to  a  quorum,  and  the  judgment   shall   not   extend   beyond 
removal  from,   and  disqualification   to,   hold    ofHoe   in   this 


44 


THE  CONSTITUTION 


Impeachment. 


Treason  against 
the  State. 


Supreme  Court 
Justices. 


Terms  of  the  Su- 
preme Court. 


Jurisdiction  of 
Supreme  Court. 


Claims  against 
the  State. 


State;  but  the  party  shall  be  liable  to  indictment  and  pun- 
ishment according  to  law. 

Sec.  4.  The  House  of  Representatives  solely  shall  have 
the  power  of  impeaching.  No  person  shall  be  convicted 
without  the  concurrence  of  two-thirds  of  the  Senators 
present.  When  the  Governor  is  impeached,  the  Chief 
Justice  shall  preside. 

Sec.  5.  Treason  against  the  State  shall  consist  only  in 
levying  war  against  it  or  adhering  to  its  enemies,  giving 
them  aid  and  comfort.  No  person  shall  be  convicted  of 
treason  unless  on  the  testimony  of  two  witnesses  to  the 
same  overt  act,  or  on  confession  in  open  court.  No  convic- 
tion of  treason  or  attainder  shall  work  corruption  of  blood 
or  forfeiture. 

Sec.  6.  [The  Supreme  Court  shall  consist  of  a  Chief  Jus- 
tice and  two  Associate  Justices.] 

Sec.  7.  [The  terms  of  the  Supreme  Court  shall  be  held 
in  the  city  of  Raleigh,  as  now,  until  otherwise  provided  by 
the  General  Assembly.] 

Sec.  8.  The  Supreme  Court  shall  have  jurisdiction  tore- 
view,  upon  appeal,  any  decision  of  the  Courts  below,  upo^ 
any  matter  of  law  or  legal  inference.  [And  the  jurisdic- 
tion of  said  Court  over  ".issues  of  fact"  and  "questions  of 
fact,"  shall  be  the  same  exercised  by  it  before  the  adoption 
of  the  Constitution  of  one  thousand  eight  hundred  and 
sixty-eight,  and  the  Court  shall  have  the  power  to  issue  any 
remedial  writs  necessary  to  give  it  a  general  supervision 
and  control  over  the  proceedings  of  the  inferior  Courts.] 

Sec.  9.  The  Supreme  Court  shall  have  original  jurisdic- 
tion to  hear  claims  against  the  State,  but  its  decisions  shall 
be  merely  recommendatory:  no  process  in  the  nature  of 
execution  shall  issue  thereon  ;  they  shall  be  reported  to  the 
next  session  of  th.e  General  Assembly  for  its  action. 


AS  AMENDED.  45 

Sec.  10.  [The  State  shall  be  divided  into  nine  -judicial  Judicial  District 

L  for  Superior 

districts,  for  each   of   which  a  judge  shall  be  chosen  ;  and  Courts. 
there  shall  be  held  a  Superior  Court  in  each  county  at  least 
twice  in  each  year,  to  continue  for  such  time  in  each  county 
as  may  be  prescribed  by  law.     But  the  General  Assembly 
may  reduce  or  increase  the  number  of  districts.] 

Sec.  11.  Until  altered  by  law,  the  following  shall  be  the  Apportionment 

r    t   •  t    -r\-  .    •  .,  of  said  districts. 

Judicial  Districts : 

First  District — Currituck,  Camden,  Pasquotank,  Perqui- 
mans, Chowan,  Gates,  Hertford,  Bertie. 

Second  District — Tyrrell,  Hyde,   Washington,  Beaufort, 
Martin,  Pitt,  Edgecombe. 

Third  District — Craven,  Carteret,  Jones,  Greene,  Onslow, 
Lenoir,  Wayne,  Wilson. 

Fourth  District— Brunswick,  New  Hanover,  Duplin,  Co 
lumbus,  Bladen,  Sampson,  Robeson. 

Fifth  District — Cumberland,  Harnett,  Moore,  Richmond, 
Anson,  Montgomery,  Stanley,  Union. 

Sixth  District — Northampton,   Warren,  Halifax,  Wake, 
Nash,  Franklin,  Johnston,  Granville. 

Seventh  District — Person,  Orange,  Chatham,  Randolph, 
Guilford,  Alamance,  Caswell,  Rockingham. 

Eighth   District — Stokes,   Forsythe,   Davidson,   Rowan, 
Davie,  Yadkin,  Surry. 

Ninth  District — Catawba,   Cabarrus,  Mecklenburg,  Lin- 
coin,  Gaston,  Cleveland,  Rutherford,  Polk. 

Tenth  District — Iredell,  Wilkes,  Burke,  Alexander,  Cald- 
well, McDowell. 

Eleventh  District — Alleghany,  Ashe,  Watauga,  Mitchell, 
Yancey,  Madison,  Buncombe. 

Twelfth  District — Henderson,   Transylvania,  Haywood, 
Macon,  Jackson,  Clay,  Cherokee. 

Sec.    12.    [Every   Judge   of    the   Superior   Court  shall  Residences  of 

Judges.  Rotation 

reside  in  the  district  for  which  he  is  elected.     The  Judges  in  Judicial  Dis- 

tricts.  And  Spe- 

shall  preside  in  the  Courts  of  the  different  districts  succes-  eial  Terms. 


46  THE  CONSTITUTION 

sively,  bat  no  Judge  shall  hold  die  Courts  in  the  same  dis- 
trict oftener  than  once  in  four  years,  but  in  case  of  the 
protracted,  illness  of  the  Judge  assigned  to  preside  in  any 
district,  or  of  any  other  unavoidable  accident  to  him,  by 
reason  of  which  lie  shall  become  unable  to  preside,  the 
Governor  may  require  any  Judge  to  hold  one  or  more 
specified,  terms  in  said  district,  in  lieu  of  the  Judge  assigned 
to  hold  the  Courts  of  said  district.] 

Jurisdiction  of  ^       Sec.  13.   [The  General  Assembly  shall  have  no  power  to 

Courts  Inferior 

to  Supreme  deprive  the  Judicial  Department  of  any  power  or  iurisdie- 

Court.  r  '  •'    r  •' 

tion  which  rightfully  pertains  to  it,  as  a  co-ordinate  depart- 
ment of  the  government;  but  the  General  Assembly  shall 
allot  and  distribute  that  portion  of  this  power  and  jurisdic- 
tion, which  does  not  pertain  to  the  Supreme  Court,  among 
the  other  courts  prescribed  in  this  Constitution,  or  which 
may  be  established  by  law,  in  such~manner  as  it  may  deem 
best ;  provide  also  a  proper  system  of  appeals,  and  regulate 
by  law,  when  necessary,  the  methods  of  proceeding  in  the 
exercise  of  their  powers,  of  all  the  Courts  below  the  Su- 
preme Court,  so  far  as  the  same  may  be  done  without  con- 
flict with  other  provisions  of  this  Constitution.] 

In  case  of  waiver       Sec.  1-i.  In    all  issues  of  fact,  joined    in  any  court,  the 

of  trial  by  jury,  parties  may  waive  the  right  to  have  the  same  determined  by 
jury  ;  in  which  case  the  finding  of  the  Judge  upon  the  facts 
shall  have  the  force  and  effect  of  a  verdict  of  a  jury. 

Special  courts  ia  Sec.  15.  The  General  Assembly  shall  provide  for  the 
establishment  of  Special  Courts,  for  the  trial  of  misdemean- 
ors, in  cities  and  towns,  where  the  same  may  be  necessary. 

Olerk  of  Supreme  Sec.  16.  The  Clerk  of  the  Supreme  [Court  shall  be  ap- 
pointed by  the  Court,  and  shall  hold  his  office  for  eight 
years. 


AS  AMENDED.  ±T 

Sec.  17.  A  Clerk  of  the  Superior  Court  for  each  county  Election  of  Sune-- 

1  ^  "    nor  Court  Clerk. 

shall  be  elected  by  the  qualified  voters  thereof,  at  the  time 
and  in  the  manner  prescribed  by  law  for  the  election  of 
members  of  the  General  Assembly. 

Sec.  18.  Clerks  of  the  Superior  Courts    shall  hold  their  Termefaffiw. 
offices  for  four  years. 

Sec  19.  The  General  Assembly  shall  prescribe  and  regu-  Fees,  sa'aries  aafo 

■>    ,       i       ,■  i  n  ,  ,>    -t,     n-  -ii    emoluments, 

late  the  lees,  salaries  and  emoluments  of  all  omcers  provided 

for  in  this  Article  ;  but  the  salaries  of  the  Judges  shall  not 

be  diminished  during  their  continuance  in  office. 

Sec.  20.  The  laws  of  North   Carolina,  not  repugnant  to  What  laws  are- 

1     °  and  shall  ha  in 

this  Constitution,  or  to    the  Constitution    and  laws    of  the  force 
United  States,  shall  be  in  force  until  lawfully  altered. 

Sec.  21.  Actions    at  law,    and   suits  in   equity,   pending  Disposition  of  ac- 
.  .  .  tni  -tions  at  law  and 

when  this  Constitution  shall  go   into  ettect,  shall   be  trans-  suits  in  equity, 

i-  i   i.       ,i        r\         l       i        •  •••>•.•  ,i  a         -,i         ..   peu dintr  which 

ferred  to  tiie  Conns  having  jurisdiction  thereof,  without  this  Constitution: 
prejudice  by  reason  of  the  change  ;  and  all  such  actions  and  J jjjj1  Je.int°  8l~ 
suits  commenced  before,  and  pending  at,  the  adoption  by 
the  General  Assembly  of  the  rules  of  practice  and  proce- 
dure herein  provided  for,  shall  be  heard  and  determined 
according  to  the  practice  now  in  use,  unless  otherwise  pro- 
vided for  by  said  rules. 

Sec.  22.  [The  Justices   of  the  Supreme  Court  shall  be  Election,  terms 

,  .  of  office,  &c.,  of '<; 

elected  by  the  qualified  voters  oi  the   State,  as  is  provided  Supreme  and  Su- 
perior Court 
for    the   election    of    members   of    the   General  Assembly.  Jud£es- 

They  shall  hold  their  offices  for  eight  years.  The  Judges 
of  the  Superior  Courts,  elected  at  the  first  election  under 
this  amendment,  shall  be  elected  in  like  manner  as  is  pro- 
vided for  Justices  of  the  Supreme  Court,  and  shall  hold 
their  offices  for  eight  years.  The  General  Assembly  may ^ 
from  time  to  time,  provide  by  law  that  the  Judges  of  the 
Superior  Courts,  chosen  at  succeeding  elections,  instead  of 
beino;  elected  by  the  voters  of  the  whole  State,  as  is  herein 


THE  CONSTITUTION 

provided  for,  shall  be  elected  by  the  voters  of  their  respeo 
tive  districts.] 

Sec.  23.  [All  vacancies  occurring  in  the  offices  provided 
for  by  this  article  of  this  Constitution  shall  be  filled  by  the 
appointments  of  the  Governor,  unless  otherwise  provided 
for,  and  the  appointees  shall  hold  their  places  until  the  next 
regular  election  for  members  of  the  General  Assembly, 
when  elections  shall  be  held  to  fill  such  offices.  If  any 
person,  elected  or  appointed  to  any  of  said  offices,  shall 
neglect  and  fail  to  qualify,  such  office  shall  be  appointed  to, 
held  and  filled  as  provided  in  case  of  vacancies  occurring 
therein.  All  incumbents  of  said  offices  shall  hold  until 
their  successors  are  qualified.] 
'Terms  of  office  of       Sec.  24.  The   officers   elected   at   the  first  election  held 

■Scst  officers  under  .'    _  .        .  ,  .     .  .     ,     .        .,, 

iMs  Article.  under  this  Constitution  shall  hold  their  offices  for  the  terms 

prescribed  for  them  respectively,  next  ensuing  after  the 
next  regular  election  for  members  of  the  General  Assembly. 
But  their  terms  shall  begin  upon  the  approval  of  this  Con- 
stitution by  the  Congress  of  the  United  States. 

-I unsdietion  of  „        Sec.  25.  [The  several  Justices  of   the  Peace  shall  have 
Justices  of  the 

jurisdiction,  under  such  regulations  as  the  General  Assem- 
bly shall  prescribe,  of  civil  actions  founded  on  contract, 
wherein  the  sum  demanded  shall  not  exceed  two  hundred 
dollars,  and  wherein  the  title  to  real  estate  shall  not  be  in 
controversy ;  and  of  all  criminal  matters  arising  within 
their  counties  where  the  punishment  cannot  exceed  a  fine 
of  fifty  dollars,  or  imprisonment  for  thirty  days.  And  the 
General  Assembly  may  give  to  Justices  of  the  Peace  juris- 
diction of  other  civil  actions,  wherein  the  value  of  the  pro- 
perty in  controversy  does  not  exceed  fifty  dollars.  When 
an  issue  of  fact  shall  be  joined  before  a  Justice,  on  demand 
of  either  party  thereto  he  shall  cause  a  jury  of  six  men  to 


AS  AMENDED.  49 

be  summoned  who  shall  try  the  same.  The  party  against 
whom  judgment  shall  be  rendered  in  any  civil  action  may 
appeal  to  the  Superior  Court  from  the  same.  In  all  cases 
of  a  criminal  nature,  the  party  against  whom  judgment  is 
given  may  appeal  to  the  Superior  Court,  where  the  matter 
shall  be  heard  anew.  In  all  cases  brought  before  a  Justice, 
he  shall  make  a  record  of  the  proceedings,  and  file  the  same 
with  the  Clerk  of  the  Superior  Court  for  his  county.] 

Sec.  26.  When   the  office  of  Justice  of  the  Peace  shall  Vacancies  in  of- 
fice of  Justices. 
become  vacant  otherwise   than   by   expiration  of  the  term, 

and  in   case  of  a  failure   by   the   voters   of  any  District  to 

elect,  the  Clerk  of  the  Superior  Court  for  the  County  shall 

appoint  to  fill  the  vacancy  for  the  unexpired  term. 

Sec.  27.   In  case   the  office  of  Clerk  of  a  Superior  Court  Vacancies  in  of  - 

for  a  County  shall  become  vacant  otherwise  than  by  the  ex-  court' Clerk!101" 

piration  of  the  term,  and  in  case  of  a  failure  by  the  people 

to  elect,  the  Judge  of  the   Superior   Court  for  the  County 

shall  appoint  to   fill  the    vacancy  until   an   election  can  be 

regularly  held. 

[Sec.  28.  In  case  the   General  Assembly  shall  establish  Officers  of  other 

.    (,     .  c-,  ~  ...  „     Courts  inferior  to 

other  courts  interior  to   Supreme  Court,  the  presiding  ofn-  Supreme  Court. 
cers  and  clerks  thereof  shall  be  elected  in  such  manner  as 
the  General  Assembly  may  from  time  to  time  prescribe, 
and  they  shall  hold  their  offices  for  a  term  not  exceeding 

eight  years.] 

[Sec.  29.  Any  Judge  of  the  Supreme  Court  or  of  the  Su-  Removal  of 

^  .    .  /v»  .  Judges  of  the  va- 

perior  Courts,  and  the  presiding  officers  of  such  Courts  in-  rious  Courts  for 

ferior  to  the  Supreme  Court  as  may  be  established  by  law, 

may  be  removed  from  office  for  mental  or  physical  inability 

upon  a  concurrent  resolution  of  two-thirds  of  both  Houses 

of  the  General  Assembly.     The  Judge  or  presiding  officer, 

against  whom  the  General  Assembly  may  be  about  to  pro- 


inability. 


50  THE  CONSTITUTION 

ceed,  shall  receive  notice  thereof,  accompanied  by  a  copy  of 
the  causes  alleged  for  his  removal,  at  least  twenty  days  be- 
fore the  day  on  which  either  House  of  the  General  Assem- 
bly shall  act  thereon.] 
Removal  of  |_Sec.  30.  Any  Clerk  of  the  Supreme  Court,  or  of  the  Sn- 

clerks  of  the  va-^ 

rious  Courts  for  '  perior  Courts,  or  of  such    Courts  inferior  to  the  Supreme 

inability.  i  * 

Court  as  may  be  established  by  law,  may  be  removed  from 
office  for  mental  or  physical  inability  ;  the  Clerk  of  the  Su- 
preme Court  by  the  Judges  of  said  Courts,  the  Clerks  of 
the  Superior  Courts  by  the  Judge  riding  the  district, 
and  the  Clerks  of  such  Courts  inferior  to  the  Supreme 
Court  as  may  be  established  by  law,  by  the  presiding  offi- 
cers of  said  Courts.  The  Clerk  against  whom  proceedings 
are  instituted  shall  receive  notice  thereof,  accompanied  lyy 
a  copy  of  the  causes  alleged  for  his  removal  at  least  ten 
days  before  the  day  appointed  to  act  thereon,  and  the  Clerk 
shall  be  entitled  to  an  appeal  to  the  next  term  of  the  Su- 
perior Court,  and  then  to  the  Supreme  Court,  as  provided 
in  other  cases  of  appeals.] 
Amendments  rot  [Sec.  31.  The  amendments  made  to  the  Constitution  of 
ingeffices.  North  Carolina  by  this  Convention  shall  not  have  the  effect 

to  vacate  any  office  or  term  of  office  now  existing  under  the 
Constitution  of  the  State,  and  filled,  or  held,  by  virtue  of 
any  election  or  appointment  under  the  said  Constitution, 
and  the  laws  of  the  State  made  in  pursuance  thereof.] 


AKTICLE  Y. 

REVENUE    AND    TAXATION. 


Capitation  tax.  Section  1.  The  General  Assembly  shall  levy  a  capitation 

tax  on  every  male  inhabitant  of  the  State  over  twenty-one 


AS  AMENDED.  51 

^and  under  fifty  years  of  age,  which  shall  be  equal  on  each, 
to  the  tax  on  property  valued  at  three  hundred  dollars  in 
cash.  The  Commissioners  of  the  several  Counties  may  ex-  Exemptions. 
cmpt  from  capitation  tax  in  special  cases,  on  account  of  pov- 
erty and  infirmity,  and  the  State  and  County  capitation 
tax  combined  shall  never   exceed  two  dollars   on  the  head. 

Sec.  2.  The  proceeds  of  the  State  and  County  capitation  Application  of 
tax  shall  be  applied   to  the  purposes  of  education  and  the  and  County  capt 
support  of  the  poor,  but  in  no   one  year    shall  more  than    a  10n  ax" 
twenty  five  per  cent,  thereof  be  appropriated  to  the  latter 
purpose. 

Seo.  3.  Laws  shall  be  passed  taxing,  by  a  uniform  rule,  Taxation  shall  be 
all  moneys,  credits,  investments  in  bonds,  stocks,  joint-  an^advaiorem6 
stock  companies  or  otherwise  ;  and,  also,  all  real  and  per- 
sonal property,  according  to  its  true  value  in  money.  The 
General  Assembly  may  also  tax  trades,  professions,  fran- 
chises, and  incomes,  provided  that  no  income  shall  be  taxed 
when  the  property,  from  which  the  income  is  derived,  is 
taxed. 

Sec.  4.  Until  the  bonds  of  the  State  shall  be  at  par,  the  RestriCtion  upon 
General  Assembly  shall  have  no  power  to  contract  any  new  the  Tubiic^ebt 

•debt  or  pecuniary  obligation  in  behalf  of  the  State,  except  except  in  certain 

1  .    .  ,  ....        contingencies, 

to  supply  a  casual  deficit,  or  for  suppressing  invasion  or  in- 
surrection, unless  it  shall  in  the  same  bill  levy  a  special  tax 
to  pay  the  interest  annually.  And  the  General  Assembly 
shall  have  no  power  to  give  or  lend  the  credit  of  the  State 
in  aid  of  any  person,  association,  or  corporation,  except  to 
aid  in  the  completion  of  such  railroads  as  may  be  unfin- 
ished at  the  time  of  the  adoption  of  this  Constitution,  or 
in  which  the  State  has  a  direct  pecuniary  interest,  unless 
the  subject  be  submitted  to  a  direct  vote  of  the  people  of 
the  State,  and  be  approved  by  a  majority  of  those  who 
shall  vote  thereon. 

Sec.  5.  Property  belonging  to  the  State  or  to  municipal  Property  exempt 
corporations,  shall  be  exempt  from  taxation.     The  General  tJ^  rom 
Assembly  may  exempt  cemeteries,  and  property  held  for 
educational,  scientific,  literary,  charitable,  or  religious  pur- 


52 


THE  CONSTITUTION 


Taxes  levied  by 
County  Commis- 
sioners. 


Acts  levying  * 
taxes  shall  state 't 
object,  &c. 


poses  ;  also,  wearing  apparel,  arms  for  muster,  household 
and  kitchen  furniture,  the  mechanical  and  agricultural  im- 
plements of  mechanics  and  farmers,  libraries  and  scientific 
instruments,  or  any  other  personal  property,  to  a  value  not 
exceeding  three  hundred  dollars. 

Sec.  6.  The  taxes  levied  by  the  Commissioners  of  the 
several  Counties  for  county  purposes,  shall  be  levied  in  like 
manner  with  the  State  taxes,  and  shall  never  exceed  the 
double  of  the  State  tax,  except  for  a  special  purpose,  and 
with  the  special  approval  of  the  General  Assembly. 

Sec.  7.  Every  act  of  the  General  Assembly  levying  a 
tax  shall  state  the  special  object  to  which  it  is  to  be  applied, 
and  it  shall  be  applied  to  no  other  purpose. 


ARTICLE  YI. 


SUFFRAGE    AND    ELIGIBILITY    TO    OFFICE. 


Qualifications  of        [Section  1.  Everv  male  person,  born  in  the  United  States^ 

an  electer. 

and  every  male  person  who  has  been  naturalized,  twenty- 
one  years  old  or  upward,  who  shall  have  resided  in  the 
State  twelve  months  next  preceding  the  election,  and  ninety 
'  days  in  the  county  in  which  he  offers  to  vote,  shall  be 
deemed  an  elector.  But  no  person,  who,  upon  conviction 
or  confession  in  open  court,  shall  be  adjudged  guilty  of 
felony,  or  of  any  other  crime  infamous  by  the  laws  of  this 
State,  and  hereafter  committed,  shall  be  deemed  an  elector, 
unless  such  person  shall  be  restored  to  the  rights  of  citi- 
zenship in  a  mode  prescribed  by  law.] 

Registration  of  Sec.  2.  It  shall  be  the  duty  of  the   General  Assembly  to 

electors.  provide,  from  time  to  time,  for  the  registration  of  all  elec- 

tors, and  no  person  shall  be  allowed  to  vote  without  regis- 


AS  AMENDED.  53 

tration,  or  to  register,  without  first  taking  an  oath  or  affir- 
mation to  support  and  maintain  the  Constitution  and  laws 
■of  the  United  States,  and  the  Constitution  and  laws  of 
North  Carolina  not  inconsistent  therewith. 

Sec.  3.  All  elections  by  the  people  shall  be  bv  ballot,  and  Elections  bypeo* 
,1     1        •  ,         i       n  i    a  ,1        i     n  i    -"   •  pie  and  General 

all  elections  by  the  General  Assembly  shall  be  viva  voce.       Assembly. 

Sec.  4.  Every  voter,  except  as  hereinafter  provided,  shall 
be  eligible  to  office  ;  but  before  entering  upon  the  discharge 
of  the  duties  of  his  office,   he   shall  take  and  subscribe  the 

following  oath:    '•  I, ,   do   solemnly  swear  (or  affirm)  Oath  of  office. 

that  I  will  support  and  maintain  the  Constitution  and  laws 
of  the  United  States,  and  the  Constitution  and  laws  of 
North  Carolina  not  inconsistent  therewith,  and  that  I  will 
faithfully  discharge  the  duties  of  my  office.  So  help 
me  God.'' 

Sec.  5.  The  following  classes  of  persons  shall  be  disquali-  Disqualification, 
fied  for  office  :  First,  All  persons  who  shall  deny  the  being 
of  Almighty  God.  Second,  All  persons  who  shall  have 
been  convicted  of  treason,  perjury,  or  of  any  other  infa- 
mous crime,  since  becoming  citizens  of  the  United  States, 
or  of  corruption,  or  mat-practice  in  office,  unless  such  person 
shall  have  been  legally  restored  to  the  rights  of  citizenship. 


ARTICLE  TIL 


MUNICIPAL    CORPORATIONS. 


Section  1.  In  each   County,  there  shall  be  elected  bien-  county  officers, 
nially  by   the  qualified  voters  thereof,  as  provided  for  the 
election  of  members  of  the  General   Assembly,  the  follow- 
ing officers  :  A  Treasurer,  Register  of  Deeds,  Surveyor  and 
five  Commissioners. 

Sec.  2.  It  shall  be  the  duty  of  the  Commissioners  to  exer-  DutvofCou  t 
<}ise  a  general   supervision   and   control   of    the  penal  and  Commissioners, 
charitable  institutions,   schools,  roads,   bridges,   levying  of 


54 


THE  CONSTITUTION 


Counties  to  be 
divided  into  dis- 
tricts. 


Said  districts 
shall  have  corpo- 
rate powers  as 
Townships. 


Officers  of  Town- 
ships. 


Trustees  shall 

assess  property. 


No  debt  or  loan 
except  by  a  ma- 
jority of  voters. 


Drawing  of 
money. 


taxes  and  finances  of  the  County,  as  may  be  prescribed  by 
law.  The  Register  of  Deeds,  shall  be  ex  officio,  Clerk  of 
the  Board  of  Commissioners. 

Sec.  3.  It  shall  be  the  duty  of  the  Commissioners  first 
elected  in  each  County,  to  divide  the  same  into  convenient 
Districts,  to  determine  the  boundaries  and  prescribe  the- 
name  of  the  said  Districts,  and  to  report  the  same  to  the 
General  Assembly  before  the  first  day  of  January,  1869. 

Sec.  4.  Upon  the  approval  of  the  reports  provided  for  in 
the  foregoing  section,  by  the  General  Assembly,  the  said 
Districts  shall  have  corporate  powers  for  the  necessary  pur- 
poses of  local  government,  and  shall  be  known  as  Townships.. 

Sec.  5.  In  each  Township  there  shall  be  biennially 
elected,  by  the  qualified  voters  thereof,  a  Clerk  and  two 
Justices  of  the  Peace,  who  shall  constitute  a  Board  of  Trus- 
tees, and  shall,  under  the  supervision  of  the  County  Com- 
missioners, have  control  of  the  taxes  and  finances,  roads 
and  bridges  of  the  Township  as  may  be  prescribed  by  law- 
The  General  Assembly  may  provide  for  the  election  of  a 
larger  number  of  Justices  of  the  Peace  in  cities  and  towns, 
and  in  those  Townships  in  which  cities  and  towns  are  situa- 
ted. In  every  Township  there  shall  also  be  biennially 
elected  a  School  Committee,  consisting  of  three  persons,, 
whose  duty  shall  be  prescribed  by  law. 

Sec.  6.  The  Township  Board  of  Trustees  shall  assess  the 
taxable  property  of  their  Townships  and  make  return  to 
the  County  Commissioners  for  revision,  as  may  be  pre- 
scribed by  law.  The  Clerk  shall  also  be,  ex  officio,  Treas- 
urer of  the  Township. 

Sec.  7.  No  county,  city,  town,  or  other  municipal  corpo- 
ration shall  contract  any  debt,  pledge  its  faith,  or  loan  its 
credit,  nor  shall  any  tax  be  levied,  or  collected  by  any 
officers  of  the  same,  except  for  the  necessary  expenses- 
thereof,  unless  by  a  vote  of  a  majority  of  the  qualified 
voters  therein. 

Sec.  8.  No  money  shall  be  drawn  from  any  County  or- 
Township  Treasury,  except  by  authority  of  law. 


AS  AMENDED.  55 

Sec.  9.  All   taxes  levied   by  any  county,   city,  town,  or  Taxes  to  be  ad- 
township,  shall  be  uniform   and   ad  valorem,  upon  all  pro- 
perty in  the  same,  except  property  exempted  by  this  Con- 
stitution. 

Sec.  10.  The  county  officers  first  elected  under  the  pro-  When  officers  en- 

,  .  ter  on  duty. 

visions  of    this   Article,   shall  enter   upon   their  duties  ten 

days  after  the  approval  of  this  Constitution  by  the  Congress 

of  the  United  States. 

Sec.  11.  The  Governor  shall  appoint  a  sufficient  number  Governor  to  ap- 

of  Justices  of   the  Peace   in   each  county,  who  shall  hold 

their  places  until  sections  four,  five   and   six  of  this  Article 

shall  have  been  carried  into  effect. 

Sec.  12.  All  charters,  ordinances  and  provisions  relating  Charters  to  re- 

•  -l  main  in  force 

to  municipal  corporations  shall  remain  in  force  until  legally  until  legally 

changed,  unless  inconsistent   with    the    provisions    of  this 

Constitution. 

Sec.  13.  JSTo  count}7,  city,  town  or  other  municipal  corpo-  Debts  in  aid  of 

.•  \     -\i  in  j.        i      i      •    j  the  rebellion  not ' 

ration  shall  assume  or   pay,   nor  shall  any  tax  be  levied  or  t0  be  paic^ 

collected  fur  the  payment  of  any  debt,  or  the  interest  upon 

any  debt,  contracted  directly  or  indirectly  in  aid  or  support 

of  the  rebellion. 

[Section  14.  The  General  Assembly  shall  have  full  power  powers  0f  Gen- 
eral Assembly 
over  municipE 
corporations, 


by  statute  to  modify,  change  or  abrogate  an}-  and  all  of  the  over  municipal 


provisions  of  this   Article,    and    substitute    others  in  their 
place,  except  sections  seven,  nine  and  thirteen.] 


ARTICLE  VIII. 


CORPORATIONS    OTHER    THAN    MUNICIPAL. 


Section  1.  Corporations   may   be  formed  under  general  „ 

1  d  °  Corporations  un- 

laws, but   shall   not  be    created   by  special   act,   except  fcr  der  general  laws. 

municipal  purposes,  and   in   cases  where,  in  the  judgment 

of  the  Legislature,  the  object  of  the  corporations  cannot  be 


THE  CONSTITUTION 


Debts  of  corpo- 
rations, how  se- 
cured. 


What  corpora- 
tions shall  in- 
clude. 


Legislation  to 
provide  for  ir- 
ganizing  Cities, 
Towns,  &c. 


attained  under  general  laws.  All  general  laws  and  special 
acts  passed,  pursuant  to  this  section,  may  be  altered  from 
time  to  time  or  repealed. 

Sec.  2.  Dues  from  corporations  shall  be  secured  by  such 
individual  liabilities  of  the  corporations  and  other  means, 
as  may  be  prescribed  by  law. 

Sec.  8.  The  term  corporation,  as  used  in  this  Article, 
shall  be  construed  to  include  all  associations  and  joint  stock 
companies,  having  any  of  the  powers  and  privileges  of  cor- 
porations, not  possessed  by  individuals  or  partnerships. 
And  all  corporations  shall  have  the  right  to  sue,  and  shall 
be  subject  to  be  sued  in  all  Courts,  in  like  cases  as  natural 
persons. 

Sec.  4.  It  shall  be  the  duty  of  the  Legislature  to  provide 
for  the  organization  of  cities,  towns  and  incorporated  vil- 
lages, and  to  restrict  their  power  of  taxation,  assessments, 
borrowing  money,  contracting  debts,  and  loaning  their 
credit,  so  as  to  prevent  abuses  in  assessments  and  in  con- 
tracting debts  by  such  municipal  corporations. 


AKTICLE  IX. 


EDUCATION. 


Education  shall 
toe  encouraged. 


Section  1.  Religion,  morality  and  knowledge,  being  nec- 
essary to  good  government  and  happiness  of  mankind, 
schools  and  the  means  of  education  shall  forever  be^en- 
couraged. 
General  a  ssembiy  Sec.  2.  The  General  Assembly,  at  its  first  session  under 
£hooIIOTide  f°r  this  Constitution,  shall  provide  by  taxation  and  otherwise 
for  a  general  and  uniform  system  of  public  schools,  wherein 
tuition  shall  be  free  of  charge  to  all  the  children  of  the 
State  between  the  ages  of  six  and  twenty-one  years.  [And 
the  children  of  the  white  race  and  the  children  of  the  col- 


AS  AMENDED.  57 

oredrace  shall  be   taught  in  separate  public  schools  ;   but  Jaecpeasratioa  of  the 
there  shall  be  no  discrimination   made  in  favor  of,  or  to  the 
prejudice  of,  either  race.] 

Sec.  3.  Each  County  of  the  State  shall  be  divided  into  a  Counties  to  be; 

•;  divided  into  die- 

eonvenient  number  of  districts,  in  which  one  or  more  pub-  tricts. 

lie  schools  shall  be  maintained  at  least  four  months  in  every 

year  ;  and  if  the  Commissioners  of  any  County  shall  fail  to 

comply  with  the  aforesaid  requirements  of  this  section,  they 

shall  be  liable  to  indictment. 

rSEc.  4.  The  proceeds  cf  all  lands  that  have  been  or  here-  what  property 

L  i  shall  be  devoted 

after  may  be  granted  by  the  United  States  to  this  State,  and  *°  ^gc^ional 
not  otherwise  appropriated  by  this  State  or  the  United 
States;  also,  all  moneys,  stocks,  bonds  and  other  property 
now  belonging  to  any  State  fund  for  purposes  of  education  ; 
also  the  net  proceeds  of  all  sales  of  the  swamp  lands  be- 
longing to  the  State,  and  all  other  grants,  gifts  or  devises 
that,  have  been  or  hereafter  may  be  made  to  this  State  and 
not  otherwise  appropriated  by  the  State  or  by  the  term  of 
the  grant,  gift  or  devise,  shall  be  paid  into  the  State  treas- 
ury ;  and,  together  with  so  much  of  the  ordinary  revenue 
of  the  State  as  may  be  by  law  set  apart  for  that  purpose, 
shall  be  faithfully  appropriated  for  establishing  and  main- 
taining in  this  State  a  system  of  free  public  schools,  and 
for  no  other  uses   or  purposes  whatsoever.] 

[Sec  5.  All  moneys,  stocks,  bonds  and  other  property  be-  County  School 

17  funds, 

longing  to  a  county  school  fund  ;  also,  the  net  proceeds  from 

the  sale  of  estrays  ;  also,  the  clear  proceeds  of  all  penalties  and 
forfeitures,  and  of  all  fines  collected  in  the  several  counties 
for  any  breach  of  the  penal  or  military  laws  of  the  State  ; 
and  all  moneys  which  shall  be  paid  by  persons  as  an  equiva- 
lent for  exemption  from  military  duty,  shall  belong  to  and 
remain  in  the  several  counties,  and  shall  be  faithfully  ap- 


58 


THE  CONSTITUTION 


Proviso. 


Election  of  Trus- 
tees, and  pro- 
visions for  main- 
tenance of  the 
University. 


Benefits  of  the 
University. 


Board  of  Eduea1 
tion. 


President  and 
Secretary . 


Power  of  Board. 


propriated  for  establishing  and  maintaining  free  public 
schools  in  the  several  counties  of  this  State:  Provided, 
Tnat  the  amount  collected  in  each  county  shall  be  annually 
reported  to  the  Superintendent  of  Public  Instruction.] 

Sec.  6.  The  General  Assembly  shall  have  power  to  pro- 
vide for  the  election  of  Trustees  of  the  University  of  North 
Carolina,  in  whom,  when  chosen,  shall  be  vested  all  the 
privileges,  rights,  franchises  and  endowments  thereof,  in 
anywise  granted  to  or  conferred  upon  the  Trustees  of  said 
University;  and  the  General  Assembly  may  make  such 
provisions,  laws  and  regulations  from  time  to  time,  as  may 
be  necessary  and  expedient  for  the  maintenance  and  man- 
agement of  said  University. 

Sec.  7.  The  General  Assembly  shall  provide  that  the 
benefits  of  the  University,  as  far  as  practicable,  be  extended 
to  the  youth  of  the  State  free  of  expense  for  tuition  ;  also, 
that  all  the  property  which  has  heretofore  accrued  to  the 
State,  or  shall  hereafter  accrue  from  escheats,  unclaimed 
dividends,  or  distributive  shares  of  the  estates  of  deceased 
persons,  shall  be  appropriated  to  the  use  of  the  University. 
Sec.  8.  The  Governor,  Lieutenant  Governor,  Secretary 
of  State,  Treasurer,  Auditor,  Superintendent  of  Public 
Instruction  and  Attorney  General,  shall  constitute  a  Board 
of  Education. 

Sec.  9.  The  Governor  shall  be  President,  and  the  Super- 
intendent of  Public  Instruction  shall  be  Secretary  of  the 
Board  of  Education. 

Sec.  10.  The  Board  of  Education  shall  succeed  to  all  the 
powers  and  trusts  of  the  President  and  Directors  of  the 
Literary  Fund  of  North  Carolina,  and  shall  have  full  power 
to  legislate  and  make  all  needful  rules  and  regulations  in 
relation  to  free  public  schools  and  the  educational  fund  of 
the  State  ;  but  all  acts,  rules  and  regulations  of  said  Board 
may  be  altered,  amended  or.  repealed  by  the  General  As- 
sembly, and  when  so  altered,  amended  or  repealed,  they 
shall  not  be  re-enacted  by  the  Board. 


AS  AMENDED.  59 

Sec.  11.  The  first  session  of  the  Board  of  Education  shall  ^cfession  of 
be  held  at  the  capitol  of  the  State,  within  fifteen  days  after 
the  organization  of  the  State  government  under  this  Con- 
stitution ;  the  time  of  future  meetings  may  be  determined 
by  the  Board. 

Sec.  12.  A  majority  of  the  Board  shall  constitute  a  quo-  Quorum. 
rum  for  the  transaction  of  business. 

Sec.  13.  The  contingent  expenses  of  the  Board  shall  be  Expenses 
provided  for  by  the  General  Assembly. 

Sec.  14.  As  soon  as  practicable  after  the  adoption  of  this  Agricultural  De 
Constitution,    the    General  Assembly  shall    establish    and 
maintain,  in  connection  with  the  University,  a  Department, 
of  Agriculture,  of  Mechanics,  [of  Mining,  and  of  Normal 
Instruction. 

Sec.  15.  The  General  Assembly  is  hereby  empowered  to  Children  must 

,  attend  school, 

enact  that  every    child,   of  sufficient    mental  and  physical 

ability,  shall   attend  the  public  schools  during  the  period 

between  the  ages  of  six   and  eighteen  years,  for  a  term  of 

not  less   than  sixteen    months,    unless   educated    by  other 

means. 


AETICLE  X. 


homesteads  and  exemptions. 


Section  1.  The  personal  property  of  any  resident  of  this  Exemption. 
State,  to  the  value   of  five   hundred   dollars,  to  be  selected 
by  such  resident,  shall  be,  and  is  hereby  exempted  from  sale 
under  execution,  or  other  final  process  of  any  Court,  issued 
for  the  collection  of  any  debt. 

Sec.  2.  Every  homestead,  and  the  dwelling  and  buildings  Homestead, 
used  therewith,  not  exceeding  in   value   one  thousand  dol- 
lars to  be  selected  by  the  owner  thereof,  or  in  lieu  thereof, 
at  the  option  of  the  owner,  any   lot  in    a  city,  town  or  vil- 
lage, with  the  dwelling  and   buildings  used  thereon,  owned 


-m 


THE  CONSTITUTION 


Homestead  ex- 
i  ijmptecL  from 
-debt.' 


"sL&borer's  lien. 


and  occupied  by  any  resident  of  this  State,  and  not  exceed- 
ing the  value  of  one  thousand  dollars,  shall  be  exempt  from 
sale  under  execution,  or  other  final  process,  obtained  on  any 
debt.  But  no  property  shall  be  exempt  from  sale  for  taxes, 
or  for  payment  of  obligations  contracted  for  the  purchase 
of  said  premises. 

Sec.  3.  The  homestead,  after  the  death  of  the  owner 
thereof,  shall  be  exempt  from  the  payment  of  any  debt 
during  the  minority  of  his  children,  or  any  one  of  them. 

Sec.  4.  The  provisions  of  sections  one  and  two  of  this 
Article  shall  not  be  so  construed  as  to  prevent  a  laborer's 
lien  for  work  done  and  performed  for  the  person  claiming 
such  exemption,  or  a  mechanic's  lien  for  work  done  on  the 
premises. 
Senefit of  widow.  Sec.  5.  If  the  owner  of  a  homestead  die,  leaving  a  widow, 
but  no  children,  the  same  shall  be  exempt  from  the  debts 
of  her  husband,  and  the  rents  and  profits  thereof  shall 
inure  to  her  benefit  during  her  widowhood,  unless  she  be 
the  owner  of  a  homestead  in  her  own  right. 

Sec.  6.  The  real  and  personal  property  of  any  female  in 
this  State,  acquired  before  marriage,  and  all  property,  real 
and  persona],  ?*»  which  she  may,  after  marriage,  become  in 
any  manner  emptied,  shall  be  and  remain  thesole  and  sepa- 
rate estate  and  property  of  such  female,  and  shall  not  be 
liable  for  any  debts,  obligations  or  engagements  of  her  hus- 
band, and  may  be  devised  or  bequeathed,  and,  with  the 
written  assent  of  her  husband,  conveyed  by  her  as  if  she 
were  unmarried. 

Sec.  7.  The  husband  may  insure  his  own  life  for  the  sole 
use  and  benefit  of  his  wife  and  children,  and  in  case  of  the 
death  of  the  husband  the  amount  thus  insured  shall  be  paid 
over  to  the  wife  and  children,  or  the  guardian,  if  under  age, 
for  her,  or  their  own  use,  free  from  all  the  claims  of  the 
representatives  of  the  husband,  or  any  of  his  creditors. 

Sec.  8.  Nothing  contained  in  the  foregoing  sections  of 
this  Article  shall  operate  to  prevent  the  owner  of  a  home- 
stead from  disposing   of   the   same   by  deed ;  but  no  deed 


Teoperty  of  a 
married  female 
-secured  to  her. 


(Husband  may  in- 
sure his  life  for 
6iie  benefit  of  wife 
aiid  cluldrea. 


ff<iw>deed  for 

fltomestead  may 
•'&&  made. 


AS  AMENDED.  6* 

made  by  the  owner  of  a  homestead  shall  be  valid  without 
the  voluntary  signature  and  assent  of  his  wife,  signified  on 
her  private  examination  according  to  law. 


ARTICLE  XL 

PUNISHMENTS.    PENAL     INSTITUTIONS     AND     PUBLIC    CHARITIES. 

Section  1.  The  following  punishments  only  shall  be  Punishments, 
known  to  the  laws  of  this  State,  viz  :  death,  imprisonment, 
with  or  without  hard  labor,  fines,  removal  from  office  and 
disqualification  to  hold  and  enjoy  any  office  of  honor,  trust, 
or  profit  under  this  State.  [The  foregoing  provision  for  Convict  Labor 
imprisonment  with  hard  labor  shall  be  construed  to  au- 
thorize the  employment  of  such  convict  labor  on  public 
works,  or  highways,  or  other  labor  for  public  benefit,  and 
the  farming  out  thereof  where  and  in  such  manner  as  may 
be  provided  by  law  ;  but  no  convict  shall  be  farmed  out 
who  has  been  sentenced  on  a  charge  of  murder,  man- 
slaughter, rape,  attempt  to  commit  rape,  or  arson.  Pro-  Proviso 
vided,  That  no  convict  whose  labor  may  be  farmed  out  shall 
be  punished  for  any  failure  of  duty  as  a  laborer  except  by  a 
responsible  officer  of  the  State  ;  but  the  convicts  so  farmed 
out  shall  be  at  all  times  under  the  supervision  and  control, 
as  to  their  government  and  discipline,  of  the  Penitentiary 
Board,  or  some  officer  of  this  State.] 

Sec.  2.  The   object   of   punishments   being   not  only  to  Death  punish 
satisfy  justice,  but  also  to  reform  the  offender,  and  thus  pre-  m 
vent  crime,  murder,   arson,    burglary,   and  rape,   and  these 
only,  may  be    punishable    with    death,   if  the   General  As- 
sembly shall  so  enact. 

Sec.  3.  The  General  Assembly  shall,  at  its  first  meeting,  penitentiary,, 
make  provision   for  the   erection   and   conduct  of  a  State's 


62 


THE  CONSTITUTION 


Houses  of  correc- 
tion. 


Houses  of  refuge. 


The  sexes  to  be 
separated. 


Provision  for  the 
poor  and  orphans. 


Orphan  houses. 


Inebriates  and 
idiots. 


Deaf  mutes  and 

insane. 


Self-supporting. 


Prison  or  Penitentiary  at  some  central  and  accessible  point 
within  the  State. 

Sec.  4.  The  General  Assembly  may  provide  for  the  erec- 
tion of  Houses  of  Correction,  /where  vagrants  and  persons 
guilty  of  misdemeanors  shall  be  restrained  and  usefully  em- 
ployed. 

Sec.  5.  A  House  or  Houses  of  Refuge  may  be  estab- 
lished whenever  the  public  interest  may  require  it,  for  the 
correction  and  instruction  of  other  classes  of  offenders. 

Sec.  6.  It  shall  be  required,  by  competent  legislation,  that 
the  structure  and  superintendence  of  penal  institutions  of 
the  State,  the  county  jails,  and  city  police  prisons,  secure 
the  health  and  comfort  of  the  prisoners,  and  that  male  and 
female  prisoners  be  never  confined^in  the  same  room  or  cell. 

Sec.  7.  Beneficent  provision  for  the  poor,  the  unfortunate 
and  orphan,  being  one  of  the  first  ) duties  of  a  civilized  and 
a  Christian  State,  the  General  Assembly  [shall,  at  its  first 
session,  appoint  and  define  the  duties  of  a  Board  of  Public 
Charities,  to  whom  shall  be  entrusted  the  supervision  of  all 
charitable  and  penal  State  institutions,  and  |who  shall  annu- 
ally report  to  the  Governor  upon  their  condition,  with  sug- 
gestions for  their  improvement. 

Sec.  8.  There  shall  also,  as  soon  as  practicable,  be  meas- 
ures devised  by  the  State  for  the  establishment  of  one  or 
more  Orphan  Houses,  where  destitute/orphans  may  be  cared 
for,  educated  and  taught  some  business  or  trade. 

Sec.  9.  It  shall  be  the  duty  of  the  Legislature,  as  soon  as 
practicable,  to  devise  means  for  the  education  of  idiots  and 
inebriates. 

Sec.  10.  The  General  Assernblj7  shall  provide  that  all  the 
deaf  mutes,  the  blind,  and  the  insane  of  the  State,  shall  be 
cared  for  at  the  charge  of  the  State. 

Sec.  11.  It  shall  be  steadily  kept  in  view  by  the  Legisla- 
ture, and  the  Board  of  Public  Charities,  that  all  penal  and 
charitable  institutions  should  be  made  as  nearly  self-sup- 
porting as  is  consistent  with  the  purposes  of  their  creation.. 


AS  AMENDED.  63 


ARTICLE  XII. 


MILITIA. 

Section  1.  All  able  bodied   male  citizens  of  the  State  of  Wbo  are  liable  to 
tv  r       i    ^       t         i  i  c  i  n  militia  duty. 

JNorth  Carolina,  between  the   ages  ot  twenty-one  and  iorty 

jears,  who  are  citizens  of  the  United  States,  shall  be  liable 

to  duty  in   the  militia  :  Provided,  That   all  persons  who 

may  be  adverse   to  bearing    arms,   from   religions  scruples, 

shall  be  exempt  therefrom. 

Sec.  2.  The  General  Assembly  shall  provide  for  the  or-  Organizing:,  &c. 

ganizing,  arming,  equipping  and  discipline  of  the  militia,  and. 

for  paying  the  same  when  called  into  active  service. 

Sec.  3.  The  Governor  shall  be  Commander-in-Chief,  and  Governor  Com- 
,  .n.-i  ■!•.•  ,,      i  mander-in-Chiefl 

have  power  to  call  out  the  militia  to  execute  the  law,  sup- 
press riots  or  insurrection,  and  to  repel  invasion. 

Sec  4.  The  General  Assembly  shall  have  power  to  make  Exemptions1? 
such  exemptions  as  may  be  deemed  necessary,  and  to  enact 
laws  that   may  be  expedient  for  the  government  of  the 
militia. 


ARTICLE  XIII. 


AMENDMENTS. 


[Section  1.  No  Convention  of  the  people  of  this  State  Convention  how 
shall  ever  be  called  by  the  General  Assembly,  unless  by  the 
concurrence  of  two-thirds  of  all  the  members  of  each  House 
©f  the  General  Assembly,  and  except  the  proposition,  Con- 
vention or  No  Convention,  be  first  submitted  to  the  quali- 
fied voters  of  the  whole  State,  at  the  next  general  election, 
in  a  manner  to  be  prescribed  by  law.     And  should  a  ma- 


64 


THE  CONSTITUTION 


How  the  Cousti-" 
tution  may  be  al- 
tered. f~  ,;;^ 


jority  of  the  votes  cast  be  in  favor  of  said  Convention,  it 
shall  assemble  on  such  day  as  may  be  prescribed  by  the 
General  Assembly.] 

[Sec.  2.  ISTo  part  of  the  Constitution  of  this  State  shall  be 
altered  unless  a  bill  to  alter  the  same  shall  have  been  agreed 
to  by  three-fifths  of  each  House  of  the  General  Assembly. 
And  the  amendment  or  amendments  so  agreed  to  shall  be 
submitted  at  the  next  general  election  to  the  qualified  vo- 
ters of  the  whole  State,  in  such  manner  as  may  be  pre- 
scribed by  law.  And  in  the  event  of  their  adoption  by  a 
majority  of  the  votes  cast,  such  amendment  or  amend- 
ments shall  become  a  part  of  the  Constitution  of  this  State.] 


ARTICLE   XIY. 


MISCELLANEOUS. 


Indictments. 


Penalty  for  fight- 
ing duel. 


Drawing  money. 


Mechanic's  lien. 


Section  1.  All  indictments  which  shall  have  been  found, 
or  may  hereafter  be  found,  for  any  crime  or  offence  com- 
mitted before  this  Constitution  takes  effect,  may  be  pro- 
ceeded upon  in  the  proper  Courts,  but  no  punishment  shall 
be  inflicted  which  is  forbidden  by  this  Constitution. 

Sec.  2.  No  person  who  shall  hereafter  fight  a  duel,  or 
assist  in  the  same  as  a  second,  or  send,  accept,  or  knowingly 
carry  a  challenge  therefor,  or  agree  to  go  out  of  this  State 
to  fight  a  duel,  shall  hold  any  office  in  this  State. 

Sec.  3.  No  money  shall  be  drawn  from  the  Treasury  but 
in  consequence  of  appropriations  made  by  law,  and  an  ac- 
curate account  of  the  receipts  and  expenditures  of  the  public 
money  shall  be  annually  published. 

Sec  4.  The  General  Assembly  shall  provide,  by  proper 
legislation,  for  giving  to  mechanics  and  laborers  an  ade- 
quate lien  on  the  subject  matter  of  their  labor. 


AS  AMENDED.  65 

Sec.  5.  In  the   absence    of  any    contrary    provision,    all  Governor  to  make 

J  J  appointments, 

officers  in  this  State,  whether  heretofore  elected  or  ap- 
pointed by  the  Governor,  shall  hold  their  positions  only 
until  other  appointments  are  made  by  the  Governor,  or,  if 
the  officers  are  elective,  until  their  successors  shall  have 
been  chosen  and  duly  qualified  according  to  the  provisions 
of  this  Constitution. 
Sec.  6.  The  seat  of  government  in  this  State  shall  re-  Seat  of  govem- 

D  mcnt. 

main  at  the  City  of  Raleigh. 

Sec.  1.  ]So  person,  who  shall  hold  any  office  or  place  of  Holding  office, 
trust  or  profit  under  the  United  States,  or  any  department 
thereof,  or  under  this  State,  or  under  any  other  State,  or 
government,  shall  hold  or  exercise  any  other  office  or  place 
of  trust  or  profit  under  the  authority  of  this  State,  or  be 
eligible  to  a  seat  in  either  House  of  the  General  Assembly  : 
Provided,  That  nothing  herein  contained  shall  extend  to 
officers  in  the  militia,  justices  of  the  peace,  commissioners 
of  public  charities,  or  commissioners  for  special  purpcses. 

[Sec.   8.  All  marriages  between  a  white  person  and  a  intermarriage  of 

whites  and  ne- 

negro,  or  between  a  white  person   and  a  person  of  negro  s*0^  prohibited, 
descent  to  the  third  generation  inclusive,  are  hereby  forever 
prohibited.] 


APPENDIX. 


ORDINANCES  TO   SUBMIT  THE  AMENDMENTS 
TO  THE  PEOPLE. 


A  BILL  TO  BE  ENTITLED  AN  ORDINANCE  TO  SUBMIT  TO  THE  PEO- 
PLE THE  AMENDMENTS  TO  THE  CONSTITUTION  ADOPTED  BY 
THIS    CONVENTION. 

Section  1.  Be  it  ordained  by  the  people  of  North  Caro-  The  Election, 
Una  in  Convention  assembled,  That  the  amendments  to 
the  Constitution  of  this  State,  adopted  by  this  Convention 
at  any  time  during  its  session,  shall  be  submitted  to  the 
people  for  ratification  or  rejection,  as  a  whole,  at  the  gen- 
eral election  to  be  held  on  the  Tuesday  next  after  the  first 
Monday  in  November,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  seventy-six.  That  every  person  entitled 
to  vote  under  the  existing  Constitution  and  laws  of  this 
State,  shall  be  entitled  to  vote  for  the  ratification  or  rejec- 
tion of  said  amendments  ;  those  who  wish  a  ratification  of 
the  amendments  voting  with  a  printed  or  written  ticket, 
"Ratification,"  those  of  a  contrary  opinion,  "Rejection." 
That  said  election  shall  be  held,  and  said  qualified  electors 
shall  vote,  at  the  usual  places  of  voting  in  the  several 
counties  of  this  State  ;  and  that  said  election  shall  be  con- 
ducted under  the  same  rules  and  regulations,  and  under  the 
same  pains  and  penalties  as  are  now  required  and  prescribed 
by  law,  and  returns  thereof  made,  according  to  the  laws 
now  in  force  regulating  the  election  of  members  of  the 
General  Assembly. 

Sec.  2.  That  the  returns  of  the    whole  vote  cast  for  the  Returns 
ratification  and  for  the  rejection  of  said  amendments,  shall 


L 


APPENDIX. 

ho  made  by  the  sheriffs  of  the  several  counties  of  the  State 
to  the  Chief  Justice  of  the  Supreme  Court  of  the  State,  at 
Raleigh,  within  thirty  days  after  the  election  :  Provided, 
That  if  the  office  of  Chief  Justice  shall  become  vacant 'by 
death,  resignation  or  otherwise,  the  said  returns  shall  in  like 
manner  be  made  to  the  Attorney  General  of  the  State;  and 
the  returns  of  said  votes  shall,  within  ten  days  thereafter,  be 
examined  and  canvassed  by  the  said  Chief  J  ustice,  or  Attor 
ney  General  in  case  of  the  vacancy  in  the  said  office  of 
Chief  Justice,  in  the  presence  of  the  Governor,  and  pro- 
clamation shall  be  made  by  the  Governor  forthwith  of  the 
result  of  the  canvass, 
if  Can-  Sec.  3.  That  if,  upon  such  canvass,  it  shall  appear  that  a 

majority  of  the  votes  polled  we»*e  in  favor  of  the  ratification 
of  the  amendments,  then  the  said  amendments  t?  the  Con- 
stitution shall  constitute  a  part  of  the  Constitution  of  the 
State,  and  shall  take  effect  as  such  on  the  first  day  of  Janu« 
ary,  A.  D.  one  thousand  eight  hundred  and  seventy-seven  ; 
and  thereupon  the  Governor  shall  cause  to  be  endorsed' on 
said  amendments,  as  enrolled  by  this  Convention,  a  certifi- 
cate under  his  signature,  declaring  that  the  said  amend- 
ments have  been  ratified  by  the  people  of  North  Carolina. 
The  Secretary  of  State  shall  countersign  the  said  certificate 
and  annex  thereto  the  great  seal  of  the  State,  and  the  said 
amendments,  so  enrolled,  with  the  certificates  aforesaid,  shall 
be  forever  kept  among  the  archives  of  the  State,  in  the 
office  of  the  Secretary  of  State  aforesaid. 
Publication.  Sec.  4.  That  said  amendments  to  the   Constitution,  [after 

being  duly  enrolled  and  properly  authenticated,  shall  be 
deposited  by  the  Secretary  of  the  Convention  in  the'office 
of  the  Secretary  of  State  for  safe  keeping,  and  shall  be,  by 
order  of  the  Governor  and  Secretary  of  State,  published  for 
six  months  in  two  papers,  one  of  each  political  party,  in 
each  Congressional  District  of  the  State,  immediately  pre- 
^<jeding  the  day  of  election  aforesaid.* 


-Mjtio 


nwas  abrogated.    See  next  ordinance. — Seceetart. 


APPENDIX. 

Sec.  5.  This  ordinance  shall  be   in  force  from  and  after 
the  day  of  its  ratification. 

Bead  and  ratified  in  open  Convention,  this   30th  day  of 
September,  1875. 

E.  RANSOM, 
President  of  Convention. 
Johnstone  Jones,  Secretary.       •* 
W.  M.  Hardy,  Assistant  Secretary. 


AN    ORDINANCE    TO    AMEND   THE     ORDINANCE    SUBMITTING    THE 
AMENDMENTS  TO  THE  ^CONSTITUTION  TO    THE  PEOPLE. 

The  people  of  North  Carolina  in  Convention  assembled  Amendments] 
do  ordain,  That  the  ordinance  passed  by  this  Convention 
and  ratified  on  the  thirtieth  day  of  September,  Anno 
Domini  one  thousand  eisjht  hundred  and  seven tv-five,  en- 
titled  "An  ordinance  to  submit  to  the  people  the  amend- 
ments to  the  Constitution,  adopted  by  this  Convention," 
be  and  the  same  is  hereby  so  amended  as  to  strike  out  and 
abrogate  section  four  of  said  ordinance  and  insert  and  or- 
dain in  lieu  thereof,  as  follows  :', 

Section  4.  That  said  amendments  to  the  Constitution,  publication  of 
after  being  duly  enrolled  and  properly  authenticated,  shall  men  men  s* 
be  deposited  by  the  Secretary  of  this  Convention  in  the 
office  of  the  Secretary  of  State  for  safe  keeping  ;  and  it  shall 
be  the  duty  of  the  Secretary  of  this  Convention  and  the 
Public  Auditor  to  have  printed,  in  pamphlet  form,  on  or 
before  the  first  day  of  January  next,  the  said  amendments, 
with  the  certificate  of  the  Secretary  of  State  annexed  there- 
to, together  with  a  copy  of  the  Constitution,  as  it  will  read 
as  proposed  to  be  amended,  one  hundred  thousand  copies, 
of  which  one  hundred  copies  shall  be  distributed  to  each 
delegate  of  this  Convention,  and  the  remainder  among  the 


7< 


jXr  X  JCj-LA  xjxx^.. 


counties  of  the  State  in  proportion  to  population.  And 
the  necessary  sum  be  and  is  hereby  appropriated  to  pay  the 
expense  of  said  publication  and  distribution 

Bead  three  times  and  ratified  in   open  Convention,  this 
9th  day  of  October,  1875.  E.  BANS0M, 

President  of  Convention. 

Johnstone  Jones,  Secretary. 

W.  M.  Hardy,  Assistant  Secretary. 


'. 


oJ 


